Comments:
1. If an agreement between the parties or applicable arbitration rules establish the manner or content of communications among arbitrators and the parties, those procedures should be followed. 2. Party-appointed arbitrators may communicate with the party who is considering appointing them about their fees and, excepting those who by contract are required to be "neutral" or the equivalent, may also communicate about the merits of the case prior to acceptance of the appointment until the date determined for the cessation of ex parte communications. The party-appointed arbitrator should, at the first meeting with the parties, disclose whether communications with the party or its counsel have taken place. In complying with this disclosure requirement, it is sufficient that the party-appointed arbitrator disclose the fact that such communication has occurred without disclosing the content of the communication, except that party-appointed arbitrators should identify any documents that they have examined relating to the proceeding. Party-appointed arbitrators also may consult in confidence with the party who appointed them concerning the acceptability of persons under consideration for appointment as the third arbitrator or umpire.
3. Except as provided above, party-appointed arbitrators may only communicate with a party concerning the dispute provided all parties agree to such communications and then only to the extent and for the time period that is specifically agreed upon.
4. When party-appointed arbitrators communicate in writing with a party concerning any matter as to which communication is permitted, they are not required to send copies of any such written communication to any other party or arbitrator.
5. Whenever third arbitrators or umpires communicate in writing with one party, they should at the same time send a copy of the communication to each other arbitrator and party. Whenever third arbitrators or umpires receive any written communication concerning the case from one party that has not already been sent to every other party, they should forward the written communication to the other arbitrators and party.
6. Except as provided above or unless otherwise provided in applicable arbitration rules or in an agreement of the parties, third arbitrators or umpires should not discuss a case with any party in the absence of the other party, except in any of the following circumstances.
Discussions may be had with a party concerning ministerial matters such as setting the time and place of hearings or making other arrangements for the conduct of the proceedings. However, the arbitrator should promptly inform the other party of the discussion and should not make any final determination concerning the matter discussed before giving each absent party an opportunity to express its views.
(b) If all parties request or consent to it, such discussion may take place.
(c) If a party fails to be present at a hearing after having been given due notice, the panel may discuss the case with any party who is present and the arbitration may proceed.
