NC · rules
N.C. Canons of Ethics for Arbitrators Canon VIII
Canons are subject to laws and professional responsibility principles; choice [of] law.
A. These Canons are subject to applicable constitutional, statutory,
decisional or administrative rules, State or federal, and when these conflict with
these Canons, the Canon provision shall be deemed superseded if it is not possible to
give effect to the rule and these Canons.
B. These Canons and other ethics or similar rules which may apply to an
arbitrator in any other capacity, e.g., as a professional, shall be read in pari materia,
giving effect to these Canons and the ethics rules if possible. If an arbitrator is subject
to other arbitrator ethics rules, e.g., the ABA-AAA Code of Ethics for Arbitrators in
Commercial Disputes, and these Canons, these Canons shall govern if there is a
conflict of standards; provided however, that the principle of primacy in Canon VIII.B
shall not apply to disclosure principles in Canon II.D and payment principles in
Canon VI.D(2).
C. These Canons apply to arbitrations in North Carolina, or arbitrations
administered by a court in North Carolina, to arbitrations where the parties choose
North Carolina law exclusive of conflict of laws principles in the contract or other
agreement, or where it is determined that North Carolina law exclusive of conflict of
laws principles applies, regardless of where the arbitration is conducted.
History
Comment Canon VIII is not part of the Code. Rule 8.5 suggested Canon VIII.C, which is However, given the possibility of conflicting rules intended to cover court-annexed arbitrations, of court, professional responsibility rules, arbitrations where a court has appointed an legislation or constitutional principles, statement arbitrator pursuant to, e.g., the Uniform Act, of the obvious in Canon VIII.A–B seems N.C. Gen. Stat. § 1-567.4, and arbitrations where appropriate. Canon VIII.B provides that if an parties have chosen North Carolina law or where arbitrator is subject to professional or other ethics North Carolina law, exclusive of conflict of laws rules because of that arbitrator’s status as, e.g., a principles, applies. This means that parties and lawyer, these Canons and the professional ethics the arbitrator cannot step across a state line and rules shall be read in pari materia, giving effect escape these principles. to both if possible. History Note. 350 N.C. 876. Editor’s Note. A typographical error in this canon’s title has been corrected. The correction is noted with brackets “[].”
Provenance
- Source
- ncleg.gov; ncbar.gov; nccourts.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-17
- Content hash
6f21afdbd97340a3f1df92dfdda7f127991dc6b2545aeb4eceb9d344ebceed15
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.