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the understanding unless both parties agree otherwise.

6. Post Hearing Conduct

A. Post Hearing Briefs and Submissions
An arbitrator must comply with mutual agreements in respect to the filing or nonfiling of post
hearing briefs or submissions.

a. An arbitrator may either suggest the filing of post hearing briefs or other submissions or
suggest that none be filed.

b. When the parties disagree as to the need for briefs, an arbitrator maypermit filing but may
determine a reasonable time limitation.

An arbitrator must not consider a post hearing brief or submission that has not been provided
to the other party.

B. Disclosure of Terms of Award

An arbitrator must not disclose a prospective award to either party prior to its simultaneous
issuance to both parties or explore possible alternative awards unilaterally with one party,
unless both parties so agree.

a. Partisan members of tripartite boards may know prospective terms of an award in advance
of its issuance. Similar situations may exist in other less formal arrangements mutually agreed
to by the parties. In any such situation, the arbitrator should determine and observe the
mutually desired degree of confidentiality.

C. Awards and Opinions
The award should be definite, certain, and as concise as possible.

a. When an opinion is required, factors to be considered by an arbitrator include: desirability
of brevity, consistent with the nature of the case and any expressed desires of the parties;
need to use a style and form that is understandable to responsible representatives of the
parties, to the grievant and supervisors, and to others in the collective bargaining relationship;
necessity of meeting the significant issues; forthrightness to an extent not harmful to the
relationship of the parties; and avoidance of gratuitous advice or discourse not essential to
disposition of the issues.

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include reasonably accurate estimates of any additional time required. To the extent possible,
priority should be given to cases in process so that other parties may make alternative
arbitration arrangements.

An arbitrator must cooperate with the parties and with any administrative agency involved in
avoiding delays.

a. An arbitrator on the active roster of an administrative agency must take the initiative in
advising the agency of any scheduling difficulties that can be foreseen.

b. Requests for services, whether received directly or through an administrative agency,
should be declined if the arbitrator is unable to schedule a hearing as soon as the parties
wish. If the parties, nevertheless, jointly desire to obtain the services of the arbitrator and the
arbitrator agrees, arrangements should be made by agreement that the arbitrator confidently
expects to fulfill.

c. An arbitrator may properly seek to persuade the parties to alter or eliminate arbitration
procedures or tactics that cause unnecessary delay.

Once the case record has been closed, an arbitrator must adhere to the time limits for an
award, as stipulated in the labor agreement or as provided by regulation of an administrative
agency or as otherwise agreed.

a. If an appropriate award cannot be rendered within the required time, it is incumbent on the
arbitrator to seek an extension of time from the parties.

b. If the parties have agreed upon abnormally short time limits for an award after a case is
closed, the arbitrator should be so advised by the parties or by the administrative agency
involved, prior to acceptance of appointment.

K. Fees and Expenses

An arbitrator occupies a position of trust in respect to the parties and the administrative
agencies. In charging for services and expenses, the arbitrator must be governed by the
same high standards of honor and integrity that apply to all other phases of arbitration work.

An arbitrator must endeavor to keep total charges for services and expenses reasonable and
consistent with the nature of the case or cases decided.

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general type of arrangement may be as great as distinctions often made among the several
types.

Arbitrators of labor-management disputes are sometimes asked to serve as impartial third
parties under a variety of arbitration and related procedures dealing with the rights and
interests of employees in connection with their employment and/or representation by a union.
In some cases these procedures may not be the product of voluntary agreement between
management and labor. They may be established by statute or ordinance, ad hoc agreement,
individual employment contract, or through procedures unilaterally adopted by employers and
unions. Some of the procedures may be designed to resolve disputes over new or revised
contract terms, where the arbitrator may be referred to as a Fact Finder or a member of an
Impasse Panel or Board of Inquiry, or the like. Others may be designed to resolve disputes
over wrongful termination or other employment issues arising under the law, an implied or
explicit individual employment contract, or an agreement to resolve a lawsuit. In some such
cases the arbitrator may be referred to as an Appeal Examiner, Hearing Officer, Referee, or
other like titles. Finally, some procedures may be established by employers to resolve
employment disputes under personnel policies and handbooks or established by unions to
resolve disputes with represented employees in agency shop or fair share cases.

The standards of professional responsibility set forth in this Code are intended to guide the
impartial third party serving in all of these diverse procedures.

Scope of Code

This Code is a privately developed set of standards of professional behavior for arbitrators
who are subject to its provisions. It applies to voluntary arbitration of labormanagement
disputes and the other arbitration and related procedures described in the Preamble,
hereinafter referred to as “covered arbitration dispute procedures.”

The word “arbitrator,” as used hereinafter in the Code, is intended to apply to any impartial
person, irrespective of specific title, who serves in a covered arbitration dispute procedure in
which there is conferred authority to decide issues or to make formal recommendations.

The Code is not designed to apply to mediation or conciliation, as distinguished from
arbitration, nor to other procedures in which the third party is not authorized in advance to
make decisions or recommendations. It does not apply to partisan representatives on tripartite
boards. It does not apply to commercial arbitration or to uses of arbitration other than a
covered arbitration dispute procedure as defined above.

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D. Clarification or Interpretation of Awards
No clarification or interpretation of an award is permissible without the consent of both parties.

Under agreements which permit or require clarification or interpretation of an award, an
arbitrator must afford both parties an opportunity to be heard.

E. Retaining Remedial Jurisdiction

An arbitrator may retain remedial jurisdiction in the award to resolve any questions that may
arise over application or interpretation of a remedy.

a. Unless otherwise prohibited by agreement of the parties or applicable law, an arbitrator
may retain remedial jurisdiction without seeking the parties’ agreement. If the parties disagree
over whether remedial jurisdiction should be retained, an arbitrator may retain such jurisdiction
in the award over the objection of a party and subsequently address any remedial issues that
may arise.

The retention of remedial jurisdiction is limited to the question of remedy and does not extend
to any other parts of the award. An arbitrator who retains remedial jurisdiction is still bound
by Paragraph D above, entitled “Clarification or Interpretation of Awards,” which prohibits the
clarification or interpretation of any other parts of an award unless both parties consent.

F. Enforcement of Award
The arbitrator’s responsibility does not extend to the enforcement of an award.

In view of the professional and confidential nature of the arbitration relationship, an arbitrator
should not voluntarily participate in legal enforcement proceedings.

ABOUT US

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whether the matter can be resolved informally or may require a prehearing conference or,
more rarely, a formal preliminary hearing. When an administrative agency handles some or all
aspects of the arrangements prior to a hearing, the arbitrator will become involved only if
differences of some substance arise.

b. Copies of any prehearing correspondence between the arbitrator and either party must be
made available to both parties.

5. Hearing Conduct

A. General Principles
An arbitrator must provide a fair and adequate hearing which assures that both parties have
sufficient opportunity to present their respective evidence and argument.

a. Within the limits of this responsibility, an arbitrator should conform to the various types of
hearing procedures desired by the parties.

b. An arbitrator may:encourage stipulations of fact; restate the substance of issues or
arguments to promote or verify understanding; question the parties’ representatives or
witnesses, when necessary or advisable, to obtain additional pertinent information; and
request that the parties submit additional evidence, either at the hearing or by subsequent
filing.

c. An arbitrator should not intrude into a party’s presentation so as to prevent that party from
putting forward its case fairly and adequately.

B. Transcripts or Recordings

Mutual agreement of the parties as to use or non-use of a transcript must be respected by the
arbitrator.

a. A transcript is the official record of a hearing only when both parties agree to a transcript or
an applicable law or regulation so provides.

b. An arbitrator may seek to persuade the parties to avoid use of a transcript, or to use a
transcript if the nature of the case appears to require one.However, if an arbitrator intends to
make appointment to a case contingent on mutual agreement to a transcript, that requirement
must be made known to both parties prior to appointment.

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The burden of disclosure rests on the arbitrator. After appropriate disclosure, the arbitrator
may serve if both parties so desire. If the arbitrator believes or perceives that there is a clear
conflict of interest, the arbitrator should withdraw, irrespective of the expressed desires of the
parties.

C. Privacy of Arbitration

All significant aspects of an arbitration proceeding must be treated by the arbitrator as
confidential unless this requirement is waived by both parties or disclosure is required or
permitted by law.

a. Attendance at hearings by persons not representing the parties or invited by either or both
of them should be permitted only when the parties agree or when an applicable law requires or
permits.Occasionally, special circumstances may require that an arbitrator rule on such
matters as attendance and degree of participation of counsel selected by a grievant.

b. Discussion of a case at any time by an arbitrator with persons not involved directly should
be limited to situations where advance approval or consent of both parties is obtained or
where the identity of the parties and details of the case are sufficiently obscured to eliminate
any realistic probability of identification.

A commonly recognized exception is discussion of a problem in a case with a fellow
arbitrator. Any such discussion does not relieve the arbitrator who is acting in the case from
sole responsibility for the decision and the discussion must be considered as confidential.

Discussion of aspects of a case in a classroom without prior specific approval of the parties is
not a violation provided the arbitrator is satisfied that there is no breach of essential
confidentiality.

c. It is a violation of professional responsibility for an arbitrator to make public an award
without the consent of the parties.

An arbitrator may ask the parties whether they consent to the publication of the award either at
the hearing or at the time the award is issued.

(1) If such question is asked at the hearing it should be asked in writing as follows:
“Do you consent to the submission of the award in this matter for publication?

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An arbitrator must be as ready to rule for one party as for the other on each issue, either in a
single case or in a group of cases. Compromise by an arbitrator for the sake of attempting to
achieve personal acceptability is unprofessional.

B. Qualifications for Special Cases

When an arbitrator decides that a case requires specialized knowledge beyond the arbitrator's
competence, the arbitrator must decline appointment, withdraw, or request technical
assistance.

a. An arbitrator may be qualified generally but not for specialized assignments. Some types
of incentive, work standard, job evaluation, welfare program, pension, or insurance cases may
require specialized knowledge, experience or competence. Arbitration of contract terms also
may require distinctive background and experience.

b. Effective appraisal by an administrative agency or by an arbitrator of the need for special
qualifications requires that both parties make known the special nature of the case to
appointment of the arbitrator.

C. Responsibilities to the Profession
An arbitrator must uphold the dignity and integrity of the office and endeavor to provide
effective service to the parties.

a. To this end, an arbitrator should keep current with principles, practices and developments
that are relevant to the arbitrator’s field of practice.
An arbitrator shall not make false or deceptive representations in the advertising and/or

solicitation of arbitration work.

An arbitrator shall not engage in conduct that would compromise or appear to compromise the
arbitrator’s impartiality.

a. Arbitrators may disseminate or transmit truthful information about themselves through
brochures or letters, among other means, provided that such material and information is
disclosed, disseminated or transmitted in good faith to representatives of both management
and labor.

An experienced arbitrator should cooperate in the training of new arbitrators.

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Format of Code

Bold Face type, sometimes including explanatory material, is used to set forth general
principles. Italics are used for amplification of general principles. Ordinary type is used
primarily for illustrative or explanatory comment.

Application of Code

Faithful adherence by an arbitrator to this Code is basic to professional responsibility. The
National Academy of Arbitrators will expect its members to be governed in their professional
conduct by this Code and stands ready, through its Committee on Professional Responsibility
and Grievances, to advise its members as to the Code’s interpretation. The American
Arbitration Association and the Federal Mediation and Conciliation Service will apply the Code
to the arbitrators on their rosters in cases handled under their respective appointment or
referral procedures. Other arbitrators and administrative agencies may, of course, voluntarily
adopt the Code and be governed by it. In interpreting the Code and applying it to charges of
professional misconduct, under existing or revised procedures of the National Academy of
Arbitrators and of the administrative agencies, it should be recognized that while some of its
standards express ethical principles basic to the arbitration profession, others rest less on
ethics than on considerations of good practice. Experience has shown the difficulty of drawing
rigid lines of distinction between ethics and good practice, and this Code does not attempt to
do so. Rather, it leaves the gravity of alleged misconduct and the extent to which ethical
standards have been violated to be assessed in the light of the facts and circumstances of
each particular case.

1. Arbitrator’s Qualifications and Responsibilities to the
Profession

A. General Qualifications
Essential personal qualifications of an arbitrator include honesty, integrity, impartiality and
general competence in labor relations matters.

An arbitrator must demonstrate ability to exercise these personal qualities faithfully and with
good judgment, both in procedural matters and in substantive decisions.

a. Selection by mutual agreement of the parties or direct designation by an administrative
agency are the effective methods of appraisal of this combination of an individual’s potential
and performance, rather than the fact of placement on a roster of an administrative agency or
membership in a professional association of arbitrators.

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c. If the parties do not agree to a transcript, an arbitrator may permit one party to take a
transcript at its own cost.The arbitrator may also make appropriate arrangements under which
the other party may have access to a copy, if a copy is provided to the arbitrator.

d. Without prior approval, an arbitrator may seek to use a personal tape recorder to
supplement note taking. The arbitrator should not insist on such a tape recording if either or
both parties object.

C. Ex Parte Hearings

In determining whether to conduct an ex parte hearing, an arbitrator must consider relevant
legal, contractual, and other pertinent circumstances.

An arbitrator must be certain, before proceeding ex parte, that the party refusing or failing to
attend the hearings has been given adequate notice of the time, place, and purposes of the
hearing.

D. Plant Visits
An arbitrator should comply with a request of any party that the arbitrator visit a work area

pertinent to the dispute prior to, during, or after a hearing. An arbitrator may also initiate such
a request.

a. Procedures for such visits should be agreed to by the parties in consultation with the
arbitrator.

E. Bench Decisions or Expedited Awards

When an arbitrator understands, prior to acceptance of appointment, that a bench decision is
expected at the conclusion of the hearing, the arbitrator must comply with the understanding
unless both parties agree otherwise.

a. If notice of the parties’ desire for a bench decision is not given prior to the arbitrator's
acceptance of the case, issuance of such a bench decision is discretionary.

b. When only one party makes the request and the other objects, the arbitrator should not
render a bench decision except under most unusual circumstances.

When an arbitrator understands, prior to acceptance of appointment, that a concise written
award is expected within a stated time period after the hearing, the arbitrator must comply with

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When an arbitrator is serving concurrently as an advocate for or representative of other
companies or unions in labor relations matters, or has done so in recent years, such activities
must be disclosed before accepting appointment as an arbitrator.

An arbitrator must disclose such activities to an administrative agency if on that agency’s
active roster or seeking placement on a roster. Such disclosure then satisfies this requirement
for cases handled under that agency’s referral.

a. It is not necessary to disclose names of clients or other specific details.It is necessary to
indicate the general nature of the labor relations advocacy or representational work involved,
whether for companies or unions or both, and a reasonable approximation of the extent of
such activity.

b. An arbitrator on an administrative agency’s roster has a continuing obligation to notify the
agency of any significant changes pertinent to this requirement.

c. When an administrative agency is not involved, an arbitrator must make such disclosure
directly unless the arbitrator is certain that both parties to the case are fully aware of such
activities.

An arbitrator must not permit personal relationships to affect decision-making.

Prior to acceptance of an appointment, an arbitrator must disclose to the parties or to the
administrative agency involved any close personal relationship or other circumstance, in
addition to those specifically mentioned earlier in this section, which might reasonably raise a
question as to the arbitrator’s impartiality.

a. Arbitrators establish personal relationships with many company and union representatives,
with fellow arbitrators, and with fellow members of various professional associations. There
should be no attempt to be secretive about such friendships or acquaintances but disclosure is
not necessary unless some feature of a particular relationship might reasonably appear to
impair impartiality.

If the circumstances requiring disclosure are not known to the arbitrator prior to acceptance of

appointment, disclosure must be made when such circumstances become known to the
arbitrator.

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Code Of Professional Responsibility

Home » Code of Professional Responsibility

View as a PDF

Code of Professional Responsibility for Arbitrators of
Labor-Management Disputes of the National Academy
of Arbitrators

American Arbitration Association
Federal Mediation and Conciliation Service
As amended and in effect September 2007

Foreword

This “Code of Professional Responsibility for Arbitrators of LaborManagement Disputes”
supersedes the “Code of Ethics and Procedural Standards for LaborManagement Arbitration,”
approved in 1951 by a Committee of the American Arbitration Association, by the National
Academy of Arbitrators, and by representatives of the Federal Mediation and Conciliation
Service.

Revision of the 1951 Code was initiated officially by the same three groups in October, 1972.
The following members of a Joint Steering Committee were designated to draft a proposal:

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An arbitrator must observe faithfully both the limitations and inclusions of the jurisdiction
conferred by an agreement or other submission under which the arbitrator serves.

A direct settlement by the parties of some or all issues in a case, at any stage of the

proceedings, must be accepted by the arbitrator as removing further jurisdiction over such
issues.

F. Mediation by an Arbitrator

When the parties wish at the outset to give an arbitrator authority both to mediate and to
decide or submit recommendations regarding residual issues, if any, they should so advise the
arbitrator prior to appointment. If the appointment is accepted, the arbitrator must perform a
mediation role consistent with the circumstances of the case.

a. Direct appointments, also, may require a dual role as mediator and arbitrator of residual
issues. This is most likely to occur in some public sector cases.

When a request to mediate is first made after appointment, the arbitrator may either accept or
decline a mediation role.

a. Once arbitration has been invoked, either party normally has a right to insist that the
process be continued to decision.

b. If one party requests that the arbitrator mediate and the other party objects, the arbitrator
should decline the request.

c. An arbitrator is not precluded from suggesting mediation. To avoid the possibility of
improper pressure, the arbitrator should not so suggest unless it can be discerned that both
parties are likely to be receptive. In any event, the arbitrator's suggestion should not be
pursued unless both parties readily agree.

G. Reliance by an Arbitrator on Other Arbitration Awards or on Independent Research
An arbitrator must assume full personal responsibility for the decision in each case decided.

a. The extent, if any, to which an arbitrator properly may rely on precedent, on guidance of

other awards, or on independent research is dependent primarily on the policies of the parties
on these matters, as expressed in the contract, or other agreement, or at the hearing.

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YES NO

If you consent, you have the right to notify the arbitrator within 30 days after the date of the
award that you revoke your consent.”

It is desirable but not required that the arbitrator remind the parties at the time of the issuance
of the award of their right to withdraw their consent to publication.

(2) If the question of consent to the publication of the award is raised at the time the award is
issued, the arbitrator may state in writing to each party that failure to answer the inquiry within
30 days will be considered an implied consent to publish.

d. Itis not improper for an arbitrator to donate arbitration files to a library of a college,
university or similar institution without prior consent of all parties involved.When the
circumstances permit, there should be deleted from such donations any cases concerning
which one or both of the parties have expressed a desire for privacy. As an additional
safeguard, an arbitrator may also decide to withhold recent cases or indicate to the donee a
time interval before such cases can be made generally available.

e. Applicable laws, regulations, or practices of the parties may permit or even require
exceptions to the above noted principles of privacy.

D. Personal Relationships with the Parties

An arbitrator must make every reasonable effort to conform to arrangements required by an
administrative agency or mutually desired by the parties regarding communications and
personal relationships with the parties.

a. Only an “arm’s-length” relationship may be acceptable to the parties in some arbitration
arrangements or may be required by the rules of an administrative agency. The arbitrator
should then have no contact of consequence with representatives of either party while
handling a case without the other party’s presence or consent.

b. In other situations, both parties may want communications and personal relationships to be
less formal. It is then appropriate for the arbitrator to respond accordingly.

E. Jurisdiction

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2. Responsibilities to the Parties

A. Recognition of Diversity in Arbitration Arrangements

An arbitrator should conscientiously endeavor to understand and Observe, to the extent
consistent with professional responsibility, the significant principles governing each arbitration
system in which the arbitrator serves.

a. Recognition of special features of a particular arbitration arrangement can be essential with
respect to procedural matters and may influence other aspects of the arbitration process.

Such understanding does not relieve an arbitrator from a corollary responsibility to seek to
discern and refuse to lend approval or consent to any collusive attempt by the parties to use
arbitration for an improper purpose.

An arbitrator who is asked to arbitrate a dispute under a procedure established unilaterally by
an employer or union, to resolve an employment dispute or agency shop or fair share dispute
has no obligation to accept such appointment. Before accepting such an appointment, an

arbitrator should consider the possible need to disclose the existence of any ongoing
relationships with the employer or union.

a. If the arbitrator is already serving as an umpire, permanent arbitrator or panel member
under a procedure where the employer or union has the right unilaterally to remove the
arbitrator from such a position, those facts should be disclosed.

B. Required Disclosures

Before accepting an appointment, an arbitrator must disclose directly or through the
administrative agency involved, any current or past managerial, representational, or
consultative relationship with any company or union involved in a proceeding in which the
arbitrator is being considered for appointment or has been tentatively designated to serve.
Disclosure must also be made of any pertinent pecuniary interest.

a. The duty to disclose includes membership on a Board of Directors, full-time or part-time
service as a representative or advocate, consultation work for a fee, current stock or bond
ownership (other than mutual fund shares or appropriate trust arrangements) or any other
pertinent form of managerial, financial or immediate family interest in the company or union
involved.

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H. Use of Assistants

|. Consent Awards

J. Avoidance of Delay
K. Fees and Expenses

Responsibilities to Administrative Agencies
A. General Responsibilities

Prehearing Conduct

Hearing Conduct

A. General Principles

B. Transcripts or Recordings

C. Ex Parte Hearings

D. Plant Visits

E. Bench Decisions or Expedited Awards

Post Hearing Conduct

A. Post Hearing Briefs and Submissions
B. Disclosure of Terms of Award

C. Awards and Opinions

D. Clarification or Interpretation of Awards
E. Retaining Remedial Jurisdiction

F. Enforcement of Award

Preamble

Background

https://naarb.org/code-of-professional-responsibility/

The provisions of this Code deal with the voluntary arbitration of labormanagement disputes

and certain other arbitration and related procedures which have developed or become more

common since it was first adopted.

Voluntary arbitration rests upon the mutual desire of management and labor in each collective

bargaining relationship to develop procedures for dispute settlement which meet their own

particular needs and obligations. No two voluntary systems, therefore, are likely to be identical

in practice. Words used to describe arbitrators (Arbitrator, Umpire, Impartial Chair, Chair of

Arbitration Board, etc.) may suggest typical approaches, but actual differences within any



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Prior to appointment, the parties should be aware of or be able readily to determine all
significant aspects of an arbitrator's bases for charges for fees and expenses.

a. Services Not primarily Chargeable on a per Diem Basis

By agreement with the parties, the financial aspects of many “permanent” arbitration
assignments, of some interest disputes, and of some “ad hoc” grievance assignments do not
include a per diem fee for services as a primary part of the total understanding. In such
situations, the arbitrator must adhere faithfully to all agreed-upon arrangements governing
fees and expenses.

b. Per Diem Basis for Charges for Services

(1) When an arbitrator's charges for services are determined primarily by a stipulated per diem
fee, the arbitrator should establish in advance the bases for application of such per diem fee
and for determination of reimbursable expenses.

Practices established by an arbitrator should include the basis for charges, if any, for:
(a) hearing time, including the application of the stipulated basic per diem hearing fee to
hearing days of varying lengths;

(b) study time;

(c) necessary travel time when not included in charges for hearing time;

(d) postponement or cancellation of hearings by the parties and the circumstances in which
such charges will normally be assessed or waived;

(e) office overhead expenses (secretarial, telephone, postage, etc.);
(f) the work of paid assistants or associates.
(2) Each arbitrator should be guided by the following general principles:

(a) Per diem charges for a hearing should not be in excess of actual time spent or allocated
for the hearing.

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parties or to one of the parties if the other party is made aware of the difference and agrees.

(7) lf an arbitrator concludes that the total of charges derived from the normal basis of
calculation is not compatible with the case decided, it is consistent with professional
responsibility to charge lesser amounts to both parties.

An arbitrator must maintain adequate records to support charges for services and expenses
and must make an accounting to the parties or to an involved administrative agency on
request.

3 Responsibilities to Administrative Agencies

A. General Responsibilities

An arbitrator must be candid, accurate, and fully responsive to an administrative agency
concerning qualifications, availability, and all other pertinent matters.

An arbitrator must observe policies and rules of an administrative agency in cases referred by
that agency.

An arbitrator must not seek to influence an administrative agency by any improper means,
including gifts or other inducements to agency personnel.

a. It is not improper for a person seeking placement on a roster to request references from
individuals having knowledge of the applicant’s experience and qualifications.

b. Arbitrators should recognize that the primary responsibility of an administrative agency is
to serve the parties.

4 Prehearing Conduct

All prehearing matters must be handled in a manner that fosters complete impartiality by the
arbitrator.

a. The primary purpose of prehearing discussions involving the arbitrator is to obtain
agreement on procedural matters so that the hearing can proceed without unnecessary
obstacles. If differences of opinion should arise during such discussions and, particularly, if
such differences appear to impinge on substantive matters, the circumstances will suggest

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under such procedures.

In 2001, the provisions of 1 C. were amended to eliminate the general prohibition of
advertising, along with certain qualifying statements added in 1996, and replace them with a
provision that permits advertising except that which is false or deceptive.

In 2003, 1 C. was amended further to reflect that the same standard applies to written
solicitations of arbitration work, but that care must be taken to avoid compromising or giving
the appearance of compromising the arbitrator’s neutrality.

In 2007, a new 6 E. was added and the previous 6 E. was re designated 6 F. The purpose of
the revision was to make clear that an arbitrator does not violate the Code by retaining
jurisdiction in an award over application or interpretation of a remedy.

NOTE: From time to time, the Committee on Professional Responsibility and Grievances of the
National Academy of Arbitrators prepares Advisory Opinions relating to issues arising under
the Code which are adopted upon approval by the Academy’s Board of Governors. These
Advisory Opinions can be found on the Academy’s website: naarb.org.

Table of Contents

Foreword

Table of Contents

Preamble

Arbitrator’s Qualifications and Responsibilities to the Profession
A. General Qualifications

B. Qualification for Special Cases

C. Responsibilities to the Profession

Responsibilities to the Parties

A. Recognition of Diversity in Arbitration Arrangements
B. Required Disclosures

C. Privacy of Arbitration

D. Personal Relationships with the Parties

E. Jurisdiction

F. Mediation by an Arbitrator

G. Reliance by an Arbitrator on Other Awards

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Chair

William E. Simkin

Representing American Arbitration Association

Frederick H. Bullen

Donald B. Straus

Representing Federal Mediation and Conciliation Service
Lawrence B. Babcock, Jr.

L. Lawrence Schultz

Representing National Academy of Arbitrators
Sylvester Garrett
Ralph T. Seward

The proposal of the Joint Steering Committee was issued on November 30, 1974, and
thereafter adopted by all three sponsoring organizations. Reasons for Code revision should be
noted briefly. Ethical considerations and procedural standards were deemed to be sufficiently
intertwined to warrant combining the subject matter of Parts | and II of the 1951 Code under
the caption of “Professional Responsibility.” It also seemed advisable to eliminate admonitions
to the parties (Part Ill of the 1951 Code) except as they appear incidentally in connection with
matters primarily involving responsibilities of arbitrators. The substantial growth of third party
participation in dispute resolution in the public sector required consideration, as did the fact
that the arbitration of new contract terms had become more significant. Finally, during the
interval of more than two decades, new problems had emerged as private sector grievance
arbitration matured and became more diversified.

In 1985, the provisions of 2 C. 1. c. were amended to specify certain procedures, deemed
proper, which could be followed by an arbitrator seeking to determine if the parties are willing
to consent to publication of an award.

In 1996, the wording of the Preamble was amended to reflect the intent that the provisions of
the Code apply to covered arbitrators who agree to serve as impartial third parties in certain
arbitration and related procedures, dealing with the rights and interests of employees in
connection with their employment and/or representation by a union. Simultaneously, the
provisions of 2 A. 3. were amended to make clear that an arbitrator has no obligation to accept
an appointment to arbitrate under dispute procedures adopted unilaterally by an employer or
union and to identify additional disclosure responsibilities for arbitrators who agree to serve

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b. When the mutual desires of the parties are not known or when the parties express differing
opinions or policies, the arbitrator may exercise discretion as to these matters, consistent with
the acceptance of full personal responsibility for the award.

H. Use of Assistants
An arbitrator must not delegate any decision-making function to another person without
consent of the parties.

a. Without prior consent of the parties, an arbitrator may use the services of an assistant for
research, clerical duties, or preliminary drafting under the direction of the arbitrator, which
does not involve the delegation of any decision-making function.

b. If an arbitrator is unable, because of time limitations or other reasons, to handle all
decision-making aspects of a case, it is not a violation of professional responsibility to suggest
to the parties an allocation of responsibility between the arbitrator and an assistant or
associate. The arbitrator must not exert pressure on the parties to accept such a suggestion.

1. Consent Awards

Prior to issuance of an award, the parties may jointly request the arbitrator to include in the
award certain agreements between them, concerning some or all of the issues. If the
arbitrator believes that a suggested award is proper, fair, sound, and lawful, it is consistent
with professional responsibility to adopt it.

a. Before complying with such a request, an arbitrator must be certain of understanding the
suggested settlement adequately in order to be able to appraise its terms. If it appears that
pertinent facts or circumstances may not have been disclosed, the arbitrator should take the
initiative to assure that all significant aspects of the case are fully understood. To this end, the
arbitrator may request additional specific information and may question witnesses at a
hearing.

J. Avoidance of Delay
It is a basic professional responsibility of an arbitrator to plan a work schedule so that present
and future commitments will be fulfilled in a timely manner.

a. When planning is upset for reasons beyond the control of the arbitrator, every reasonable

effort should nevertheless be exerted to fulfill all commitments. If this is not possible, prompt
notice at the arbitrator’s initiative should be given to all parties affected. Such notices should

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(b) Per diem charges for study time should not be in excess of actual time spent.

(c) Any fixed ratio of study days to hearing days, not agreed to specifically by the parties, is
inconsistent with the per diem method of charges for services.

(d) Charges for expenses must not be in excess of actual expenses normally reimbursable
and incurred in connection with the case or cases involved.

(e) When time or expense are involved for two or more sets of parties on the same day or trip,
such time or expense charges should be appropriately prorated.

(f) An arbitrator may stipulate in advance a minimum charge for a hearing without violation of
(a) or (e) above.

(3) An arbitrator on the active roster of an administrative agency must file with the agency the
individual bases for determination of fees and expenses if the agency so requires. Thereafter,
it is the responsibility of each such arbitrator to advise the agency promptly of any change in
any basis for charges.

Such filing may be in the form of answers to a questionnaire devised by an agency or by any
other method adopted by or approved by an agency.

Having supplied an administrative agency with the information noted above, an arbitrator’s
professional responsibility of disclosure under this Code with respect to fees and expenses
has been satisfied for cases referred by that agency.

(4) If an administrative agency promulgates specific standards with respect to any of these
matters which are in addition to or more restrictive than an individual arbitrator’s standards, an
arbitrator on its active roster must observe the agency standards for cases handled under the
auspices of that agency, or decline to serve.

(5) When an arbitrator is contacted directly by the parties for a case or cases, the arbitrator
has a professional responsibility to respond to questions by submitting the bases for charges

for fees and expenses.

(6) When it is known to the arbitrator that one or both of the parties cannot afford normal
charges, it is consistent with professional responsibility to charge lesser amounts to both

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