Do arbitrators have to be neutral?

Are arbitrators neutral?

Yes, sometimes and no, sometimes. Absent agreement on non-neutral status, party-appointed arbitrators are ethically required to be impartial. Many arbitrators fully appreciate that standard and explain it to the party appointing them.

Can you challenge an arbitrator?

ARTICLE 12

(2) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties.

Can arbitrators ignore the law?

Arbitrators thus are not compelled to adhere to the law; however, arbitrators typically are attorneys or former judges, and as such are used to following the law as a matter of course.

How to address an arbitrator?

What cannot be solved by arbitration?

Generally, disputes in rem which are regarding a thing or property can't be resolved through arbitration, while disputes in personam regarding a selected person are often.

Can an arbitrator meet with only one party?

Unless otherwise provided in an agreement of the Parties, (1) an Arbitrator should not discuss a case with any Party in the absence of every other Party, except that if a Party fails to appear at a hearing after having been given due notice, the Arbitrator may discuss the case with any Party who is present; and (2) ...

What disqualifies an arbitrator AAA?

Under the AAA's various rules, an arbitrator may be subject to disqualification for: 1. Partiality or lack of independence 2. Inability or refusal to perform his or her duties with diligence and in good faith, and 3.

Who usually select the arbitrators?

If the parties have not appointed any arbitrator(s) and have not provided another method of appointment, then generally the case manager submits a list of potential arbitrators to the parties, who then may strike any names and rank the remaining in order of preference.

What are the ethical standards for arbitrators?

The arbitrator is under a duty to respect the parties and their Counsel and their right to present and prove their case, to hear their application and not to confine himself/herself to formalistic positions. He/She must decide within the time limit set out by the Rules, avoiding delays.

Do arbitrators have legal power?

Historically, and as a matter of public policy, arbitral power is intentionally limited to only those matters the parties have specifically contracted to subject to arbitration. This means an arbitrator has no power to rule on issues except for those expressly assigned to them by contract by the parties.

What is the difference between an arbiter and an arbitrator?

The arbiter's decisions are made based on the rules of law and equity . This is distinguishable from an arbitrator , who is not bound to follow substantive law when making their decisions, but rather is able to use their own discretion to come up with a decision according to the judgment of a reasonable person .

What not to say during arbitration?

Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.

Is an arbitrator like a judge?

Instead of a decision being made by a judge or jury, an arbitrator hears the evidence and makes a decision. Like a judge, an arbitrator makes rulings on motions, decides the order in which witnesses appear and the testimony they give, and may impose penalties on a party who disobeys the arbitrator's orders.

How much do finra arbitrators get paid?

Build your network – Arbitrators often serve on a panel which provides the opportunity to meet and network with other professionals. Supplement your income – FINRA arbitrators receive an honorarium: typically $600 per day or $850 per day for arbitrators serving as chairpersons (and $300 for each prehearing conference).

Can you sue an arbitrator?

Several jurisdictions have recorded a rise in lawsuits against international arbitrators and arbitral institutions in national courts (p. 13). These cases are occasionally unfounded and may be initiated by disgruntled parties who are dissatisfied with the outcome of an award.

What matters are not allowed in arbitration?

1 of Act 49 of 1996.] A reference to arbitration shall not be permissible in respect of- (a) any matrimonial cause or any matter incidental to any such cause; or (b) any matter relating to status.

How do you disqualify an arbitrator?

An arbitrator may be disqualified on account of any fact indicating a manifest lack of the qualities required by Article 14(1) of the ICSID Convention or on the ground that the arbitrator was ineligible for appointment to the Tribunal under Articles 37 to 40 of the ICSID Convention (see Article 57 of the ICSID ...

Can you remove an arbitrator?

An arbitrator may also be removed for incapacity or failure to perform the duties required of an arbitrator (Additional Facility Arbitration Rule 32).

What voids an arbitration agreement?

However, if a plaintiff unwittingly entered into an arbitration agreement due to coercion or deception, or if the terms of the arbitration agreement undermine the plaintiff's ability to vindicate their rights, courts can and sometimes do step in and invalidate the contract.

Can arbitrators award punitive damages?

It is clear that arbitrators and Courts will fill the void left by ambiguous contracts and may award punitive damages to a prevailing party unless specifically limited in the arbitration agreement.