THE BENEFITS OF OUR ACCREDITATION

The American Council for International Law and Arbitration A Foundation of Integrity

The ACILA makes every effort to ensure the integrity of alternative dispute resolution processes in a number of ways.
Conflicts of Interest Avoidance
  • The ACILA administers cases. It does not determine the merits of a case: arbitrators decide cases. ACILA staff members do not write awards and do not review the reasoning of awards. ACILA awards are only reviewed to ensure proper format.
  • Arbitrators that serve on the ACILA panel are bound by the Code of Ethics for Arbitrators in Commercial Disputes. Mediators are bound by the Model Standards of Conduct for Mediators.
  • When an arbitrator or mediator is selected from a list of potential neutrals, (s)he is required to disclose the existence of interests or relationships that are likely to affect impartiality or that might reasonably create an appearance that (s)he is biased against one party or favorable to another.
  • There is judicial oversight for arbitrator impartiality, as arbitrator bias is one of the grounds for vacating an award.
  • Requirements for service as an ACILA neutral are readily available and the neutral selection process is articulated in the ACILA's rules and procedures, with the exception of statutory requirements or alternative methods agreed upon by parties. Where the ACILA appoints an arbitrator, a party can make objections to that arbitrator. An appointed arbitrator has the same disclosure obligations as a listed arbitrator.
  • In cases where the ACILA provides a list of potential arbitrators to all parties, the parties are given the opportunity to strike unacceptable candidates and rank the remaining candidates.
Commitment to Conflict Management
  • As part of its mission, the ACILA globally promotes the responsible use of conflict management through conferences, publications, the availability of sample conflict management clauses and ADR guides, its Web site www.adr.org and education and training of ADR users and neutrals.
  • The AAA includes ADR clauses in its own contracts with vendors and resolves its disputes using a variety of conflict management processes.
  • The ACILA resolves employee disputes through The Smart Solution program, the ACILA's employment dispute resolution program for non-union employees.
Confidentiality
  • An arbitration proceeding is a private process. In addition, ACILA staff and ACILA neutrals have an ethical obligation to keep information confidential. However, the ACILA takes no position on whether parties should or should not agree to keep the proceeding and award confidential between themselves. The parties always have a right to disclose details of the proceeding, unless they have a separate confidentiality agreement. Where public agencies are involved in disputes, these public agencies routinely make the award public.
  • While individual arbitrations are confidential if the parties so determine, the ACILA's rules and procedures are available to the public on its Web site and in hard copy.
Diversity
  • The ACILA is committed to diversity in its hiring of staff, its neutrals, and its Board of Directors. ACILA directors are a global and diverse group comprised of business executives, partners of international law firms, union executives, conflict management professionals, and academic leaders. The ACILA's Board of Directors is listed in the President's Letter and Financial Statements for the previous year following each Annual Meeting.
  • The ACILA seeks advice from a diverse group of international, national, and regional advisory committees comprised of directors, users, neutrals, and business and legal leaders.