2. You have been retained to testify as a damages expert at a binding arbitratio

Question

2. You have been retained to testify as a damages expert at a binding arbitration about the financial loss your client sustained when a supplier shipped it defective raw materials. Several days before the arbitration proceeding, you discovered that the arbitrator is a member of your country club who occasionally plays golf with you.

a. Do you have a conflict of interest in testifying under oath on behalf of your client? Explain?

b. Should you discuss this case with the arbitrator if you see him at the country club? Explain?

c. Does the arbitrator have a conflict of interest? Explain?

Explanation / Answer

No, you should not have a conflict of interest when testifying under oath for your client.By knowing the arbitrator will not convince your testimony as an expert witness. The arbitrator is not on anyone’s side(i.e he is independent) and has to listen to both sides and make a decision on who is right.So just knowing the arbitrator does not cause a conflict of interest for you.
b. No, you should not. it would be a conflict of interest to discuss the case outside of the arbitration for all the paties including the arbitrator.It could have been seen as the arbitrator is taking sides with you and your testimony against the client.So you always need to avoid the appearance of a conflict of interest even if there is no conflict of interest.
c. Yes , may be the arbitrator have a conflict of interest.

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