For ADR Professionals · 4 min read
An Arbitrator's Checklist for Conflict Checks and Disclosures
What to search, what to record, and how to document the scope of a conflict check before accepting an appointment.
Search more than party names
A useful conflict check looks at everyone connected to the matter, not just the named parties.
- Parties, including parent companies and affiliates you are told about
- Counsel and their law firms
- Expected witnesses and experts
- Prior matters where any of these appeared before you
Record prior appearances as you go
Conflict checks are only as good as your records. Logging participants on every matter — including closed ones — makes the next search faster and more complete.
Always state the scope
A disclosure should say what was searched. If your search covered only matters recorded in your own system, say so plainly. Applicable rules and institutional guidelines govern what must be disclosed; a software search supports that judgment but never replaces it.