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Cardozo Journal of Conflict Resolution

Abstract

This Note aims to expose the consequences of these ethical deficiencies, including a lack of uniformity in arbitral results, conflicts of interest, and a lack of bargaining power for plaintiffs. This Note will also provide a framework for what an arbitral code of ethics should look like to ensure greater protections for petitioners. It is important to mention that this Note will explore the problems introduced above exclusively in the context of the ethical framework provided by the AAA. Part II will provide background information on the rise of arbitration, the development of the AAA Code of Ethics, and the issues petitioners in arbitral proceedings typically face in actions including employment disputes, credit card disputes and other types of class actions. Part III discusses the reasons that the AAA Code of Ethics fails to do its part to protect all parties to a dispute, and it explores the consequences faced by petitioners due specifically to these ethical breakdowns. Part IV suggests possible changes to address these systemic problems. One potential solution offered is for key players on both sides of the arbitral system to sit down and discuss, via negotiation, how to make the system fairer for all parties involved while retaining the financial feasibility and privacy that attracts parties to arbitration. The framework upon which the negotiations would be based is FINRA, which has created a system that works hard to limit the instances of conflicts of interest in proceedings such as these. Section V recognizes the problems that would remain; this is to call attention to the fact that the American alternative dispute resolution system will not be fixed with any one isolated action

Disciplines

Dispute Resolution and Arbitration | Intellectual Property Law | International Law | Law | Legal Ethics and Professional Responsibility | Legal Profession

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