“Illegality in Arbitrations: What is the Arbitrator’s Duty?”

Counsel Elizabeth Ainslie authored “Illegality in Arbitrations: What is the Arbitrator’s Duty?” published on Law360 on December 16. Ms. Ainslie discusses four hypothetical situations where arbitrators see signs of serious fraud that could amount to a crime. She analyzes each situation, taking into account the confidentiality constraints of the arbitration process, what triggers a private citizen’s responsibility to report a crime, and the arbitrator’s ethical duty as a citizen.

Ms. Ainslie is a former federal prosecutor and currently serves on the roster of neutral arbitrators of the American Arbitration Association.