Social media platforms have become integral in both personal and professional realms, shaping how individuals and businesses interact and fostering the growth of professional and personal connections.
Social media’s impact on arbitration proceedings, as well as the behavior of arbitrators, parties, and lawyers involved, is a reflection of the evolving approach to engaging in discussions and reporting on events both in Brazil and globally.
You will discover that information in this post.
The influence of social media on careers
Social media platforms provide a means for aspiring lawyers to network with peers and stay informed about pressing matters as they pursue a legal career.
Law professionals use social networks to stay connected internationally and build their reputation. Even young practitioners, who are already active on social media before entering the workforce, are seeing the benefits of using platforms like Twitter, Facebook, and Instagram for professional communication.
In the past, professional relationships required face-to-face interactions, but now social networks enable virtual connections to thrive, even among individuals who have never met in real life.
Social media platforms and dispute resolution
The collaboration between arbitration and social media has generally been positive, with arbitral institutions and arbitrators being well-received by many in the national and international community since arbitration was introduced as an alternative dispute resolution method.
This mix of unexplored territories creates a conflict as arbitration requires individuals to be impartial and independent, without any connection to the parties involved, which may not always be the case in the context of social networks.
The rise of virtual relationships brings new situations that could create challenges for arbitration due to concerns about the arbitrator’s impartiality or independence.
Social media reveals relationships more openly compared to in-person interactions like meetings, phone calls, or emails, as social networks create a public record of connections.
If privacy settings are off, third parties can easily see someone’s page, friends, photos, posts, and comments. Even with privacy settings on, third parties can still access specific information.
Therefore, it is essential to address certain issues like what occurs if the arbitrator is linked on LinkedIn to a relative of one of the parties, or if the arbitrator interacts with a tweet from a mutual friend of one of the lawyers.
Arbitrators may have multiple connections to their parties, which can be unpredictable even for seasoned professionals.
Social media, arbitration, and regulatory measures
Articles 13 and 14 of the Arbitration Act (9.307/96) require arbitrators to be impartial and independent. If an arbitrator lacks impartiality, the arbitral award may be declared void under Article 32 and challenged in court.
Is there a link between arbitration and connections on social networks with parties or lawyers that could imply bias and compromise impartiality and independence?
The IBA (International Bar Association) issued two documents endorsing the utilization of social media by arbitrators, with certain conditions, in the Guide on Conflicts of Interests in International Arbitration (2004) and the International Principles for Conduct in Social Networks of Law Professionals (2014).
Professionals involved in arbitration are seen as eligible to participate in social networks. However, individuals who misuse these platforms without proper etiquette may not be selected as mediators.
In Brazil, the CNJ provided guidance on how members and employees of the Judiciary Power should behave on social media in Provision No. 71, 2018. Magistrates are not allowed to openly endorse a candidate or political party.
Resolution no. 305, 2019 set boundaries for Judiciary members’ social media use, including guidelines and restrictions, considering freedom of speech and promoting educational purposes.
Brazilian courts differentiate between online and offline friendships, noting that a basic social connection may not qualify as an intimate friendship in legal terms. Evaluating the depth of the friendship is essential in determining its legal status.
To avoid future issues, it is best for an arbitrator to be careful in their use of social media.
