How Can An Arbitrator Breach Confidentiality?
Arbitrators can knowingly breach confidentiality in obvious ways, like discussing a case with a party or party’s counsel, or with any other person, even a family member. An arbitrator can unknowingly breach confidentiality, as well. Here are some examples: • Discussing a case with a co-panelist at a social or professional event, a sporting event, a mall, an airport-any place within hearing distance of a third party. • Discussing the facts of a case, even if you do not mention names. In the area of securities arbitration, the community of legal professionals and arbitrators is small; those present at a social or professional event may know the discussed case and the parties involved. • Responding to a request from an attorney to evaluate his or her performance in the arbitration (this may come up in an attorney malpractice case), or to evaluate the credibility of a particular witness. Disclosing these opinions necessarily discloses the arbitrator’s views of the case. Why Is Confidential
