An arbitrator shall make decisions in a just, independent and deliberate manner

As amended through June 18, 2024
An arbitrator shall make decisions in a just, independent and deliberate manner
A. An arbitrator shall, after careful deliberation, decide all issues submitted for determination. An arbitrator may decide no other issues.
B. An arbitrator shall decide all issues justly, exercising independent judgment, and shall not permit outside pressure to affect the decision.
C. An arbitrator shall not delegate the duty to decide to any other person, unless the parties agree to such delegation.
D. If all parties agree to settle issues in dispute and ask an arbitrator to embody that agreement in an award, an arbitrator may do so but is not required to do so unless satisfied with the propriety of the settlement terms. Whenever an arbitrator embodies the parties' settlement in an award, the arbitrator shall state in the award that it is based on the parties' agreement.

Comment

Revisions tighten the text and omit excess verbiage. "Shall" has been substituted for "should" throughout Canon V; see Comment to Canon I. The new material in Canon V.C makes it clear that parties can agree that an arbitrator may delegate decisionmaking in whole or in part, e.g., to conciliators as provided in the North Carolina International Commercial Arbitration and Conciliation Act. See also Academy Code, ¶¶ 2.G-2.I, 6.