An arbitrator, in communicating with parties, shall avoid impropriety or the appearance of improprietyA. 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. Comment
"Shall" has been substituted for "should" throughout Canon III; see Comment to Canon I. Code III.B(2), stating "If a party fails to be present at a hearing after having been given due notice, the arbitrator may discuss the case with any party present," has been deleted as redundant with Canon IV.F. Revisions have also tightened the text; the last phrase clarifies "to do so." See also Code of Judicial Conduct, Canon 2, for which Canon III is a rough parallel in some respects; Academy Code. ¶ 2.D; IBA Ethics, Art. 5.