Atlanta Bar Association Blog

Arbitrators Beware of Conducting Your Own Legal Research Without Consent of the Parties

Posted by: Daniel Gulden on Mar 20, 2014
Section News: Dispute Resolution

Take a look at this article (8 pp.) from the May 2013 NY State Bar Assn. Journal titled "Can an Arbitrator Conduct Independent Legal Research? If Not, why Not?" by Paul Bennet Marrow. It can be found athttp://marrowlaw.com/. The author advises getting consent of the parties before conducting your own independent legal research, because the scope of the arbitration is controlled by the contract entered into between the parties, unlike courts, where their decisions can be binding on other parties and courts. He suggests rereading the last three paragraphs for those who just say "Why Not?"

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