Ethics in Commercial Mediation and Arbitration

Attorneys who handle commercial disputes often will engage in commercial arbitration or mediation, including in jurisdictions that may be unfamiliar to them. Lawyers must be particularly mindful of any ethics rules that may apply when representing a client in these settings.

This program will analyze the ethical frameworks counsel should be familiar with when representing clients in commercial arbitration and mediation. Our panel will cover a range of topics, including the additional rules of conduct that arbitral tribunals and courts impose on counsel and arbitrators, as well as the comparative powers of these institutions to uphold standards and sanction misconduct. Additionally, our speakers - Betsy A. Hellmann, Virginia F. Milstead, Timothy G. Nelson, and Jason D. Russell of Skadden LLP - will review recent ethical issues arising in commercial and international arbitration, including with respect to cybersecurity, virtual hearings, and claims funding.

Learning Objectives: 

1. Identify the ethical framework that applies to attorneys appearing as counsel in arbitration
2. Examine the additional arbitral rules regarding the conduct of counsel and arbitrators
3. Review ethical duties particular to mediation and settlement negotiation
4. Explore contemporary ethical issues in commercial and international arbitration, on topics such as cybersecurity, virtual hearings, and claims funding