Social media platforms play a significant role in both personal and professional interactions, shaping how individuals and organizations connect and fostering the growth of relationships in various spheres.
Social media’s impact on arbitration proceedings, arbitrators, parties, and lawyers is a reflection of the changing landscape of communication and information sharing in Brazil and globally.
You will discover that information by reading this post.
The influence of social media on work environments
Social media platforms provide a means for aspiring lawyers to network with peers and stay informed about pressing matters within the legal field.
Law professionals use social media to stay connected internationally and build credibility in their field. Even younger practitioners, who are active on platforms like Twitter and Instagram before entering the workforce, are recognizing the value of social media for communication.
Before, professional relationships required direct and personal contact, but now social media enables virtual connections to thrive, even among individuals who have never met face-to-face.
Social media and arbitration
The collaboration of arbitration and social media has generally been beneficial, with arbitral institutions and arbitrators being well received by most people.
This mix of unexplored territories poses a challenge due to the requirement of independence and impartiality in arbitration, which may not always hold true in the context of social networks.
Virtual relationships have brought about new situations that could lead to challenges to arbitration due to concerns about the arbitrator’s impartiality or independence.
Social media will bring certain relationships to light in a way that personal meetings, phone calls, or email cannot – social networks create a public record of connections between individuals.
If privacy settings are not activated, third parties can easily see someone’s page, friends, photos, posts, and comments. Even with activated privacy settings, certain information can still be viewed by third parties.
It is important to address certain issues such as the potential influence of personal connections on arbitration proceedings.
The different ways in which arbitrators may be connected to the parties can be numerous and even the most seasoned professional may not foresee these connections.
Social media, arbitration, and governance
Articles 13 and 14 of the Arbitration Act (9.307/96) require arbitrators to be unbiased and autonomous. According to Article 32, the arbitral decision can be invalidated if the arbitrator lacks impartiality, leading to potential annulment by the judiciary.
Is there a potential bias if arbitration is linked to one of the parties or their lawyer on a social network, resembling a close friendship? Would such a relationship compromise impartiality and independence?
The IBA issued two publications endorsing arbitrators’ use of social media, with certain conditions: Guide on Conflicts of Interests in International Arbitration (2004) and International Principles for Conduct in Social Networks of Law Professionals (2014).
Professionals involved in arbitration are expected to participate in social networks. However, individuals who do not show proper respect and decorum in these networks are unlikely to be selected as mediators.
In Brazil, the CNJ provided guidance in Provision No. 71 of 2018 regarding how members and employees of the Judiciary should behave on social media, prohibiting magistrates from openly endorsing a political candidate or party.
Resolution no. 305, 2019, set guidelines for Judiciary members’ social media use, including recommendations and restrictions, considering freedom of speech and promoting educational purposes.
Brazilian courts differentiate between online and offline friendships, stating that a casual social connection does not qualify as an intimate friendship according to the law. Each case must be evaluated to determine the extent of the friendship involved.
The best practice for an arbitrator to avoid future issues is to be cautious when using social media platforms.