Can an Arbitrator Conduct Independent Legal Research? If Not, Why Not?

Paul Bennett Marrow

New York Law School

May 6, 2013

Do arbitrators have authority to undertake independent legal research without authorization by the parties? Or, are they prohibited from doing so, as many arbitrators believe? These are vexing questions. For answers, this article looks for guidance in the Federal Arbitration Act (FAA), state arbitration statutes, case law, and the rules of several arbitration institutions, as well as the Code of Ethics for Arbitrators in Commercial Disputes. The takeaway is that if an arbitrator wants an award that will withstand an attack based on "evident partiality," "misconduct" or the "exceeding of powers," there are good reasons to refrain from unauthorized legal research. This may seem counter intuitive. Arbitration is a creature of contract and the implications that flow from that conclusion heavily impact the answers to the questions being proposed.

Number of Pages in PDF File: 8

Keywords: independent legal research, arbitrator misconduct, arbitrators evident pariality, arbitrators exceeding of powers, arbitrator ethics

JEL Classification: K12, K20, K33, K39, K41, K49

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Date posted: May 7, 2013  

Suggested Citation

Marrow, Paul Bennett, Can an Arbitrator Conduct Independent Legal Research? If Not, Why Not? (May 6, 2013). Available at SSRN: http://ssrn.com/abstract=2261305 or http://dx.doi.org/10.2139/ssrn.2261305

Contact Information

Paul Bennett Marrow (Contact Author)
New York Law School ( email )
185 West Broadway
New York, NY 10013
United States
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