NC · rules
N.C. Canons of Ethics for Arbitrators Canon III
An arbitrator, in communicating with parties, shall avoid impropriety or the appearance of impropriety.
A. If the parties’ agreement or arbitration rules referred to in that
agreement establish the manner or content of communications between the arbitrator
and the parties, the arbitrator shall follow those procedures notwithstanding any
contrary provision in Canons III.B and III.C.
B. Unless otherwise provided in applicable arbitration rules or in the
parties’ agreement, arbitrators shall not discuss a case with any party in the absence
of other parties, except in these circumstances:
(1) Discussions may be had with a party concerning such matters as
setting the time and place of hearings or making other
arrangements for conducting proceedings. The arbitrator shall
promptly inform other parties of the discussion and shall not
make any final determination concerning the matter discussed
before giving each absent party an opportunity to express its
views.
(2) If all parties request or consent to it, such discussion may take
place.
C. Unless otherwise provided in applicable arbitration rules or in the
parties’ agreement, whenever an arbitrator communicates in writing with one party,
the arbitrator shall send a copy of the communication to other parties at the same
time. Whenever the arbitrator receives a written communication concerning the case
from a party which has not already been sent to other parties, the arbitrator shall
send that communication to other parties.
History
Comment “Shall” has been substituted for “should” redundant with Canon IV.F. Revisions have also throughout Canon. III; see Comment to Canon 1. tightened the text; the last phrase clarifies “to do Code III.B(2), stating “If a party fails to be so.” See also Code of Judicial Conduct, Canon 2, present at a hearing after having been given due for which Canon III is a rough parallel in some notice, the arbitrator may discuss the case with respects; Academy Code. ¶ 2.D; IBA Ethics, any party present,” has been deleted as Art. 5. History Note. 350 N.C. 876.
Provenance
- Source
- ncleg.gov; ncbar.gov; nccourts.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-17
- Content hash
7b6bca67eb21ddf38b572f70920d4c26af732d3ea0ec76c0622a8589c42699a9
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