What are the factors to consider when choosing an arbitrator?
Asked by: Rafael Schmidt III | Last update: January 2, 2026Score: 4.2/5 (21 votes)
- the expertise of the arbitrator in public international law and international investment law;
- the arbitrator's experience in arbitration, especially investment arbitration;
- the arbitrator's experience in the subject matter or specific area of law raised by the case;
Which factor is important when selecting an arbitrator?
Expertise and Experience
Once this is clear, it's important to determine whether the ideal arbitrator needs to have particular expertise (such as someone who understands digital currency and metaverse disputes) or if the issues are ones that most experienced commercial litigators will understand.
What are the criteria for selecting an arbitrator?
There are widely recognized criteria to select arbitrators, such as impartiality, independence, honorability, availability, but, in most situations, parties have to take into consideration much more in order to feel comfortable with the outcome and be confident in the judgement of the arbitral tribunal.
How do you choose an arbitrator?
There are three general steps to choosing an arbitrator. First, you must look over the arbitration agreement to identify what appointment protocol you need to follow. Second, you should prepare a list of suitable potential arbitrators. Finally, you need to pare down this list, be diligent, and make the final choice.
What are the relevant considerations in choosing the place of arbitration?
Deciding on the place of arbitration
The reputation and recognition of the seat. The law governing the substance of the dispute. The particularities of the contract/type of dispute (likely to arise) A personal connection with the seat.
HOW TO CHOOSE AN ARBITRATOR & WORK WITH ARBITRATOR SELECTION (2019)
Can you identify the factors that determine how an arbitrator is selected?
- Selection Process in Arbitration Agreement. ...
- Procedural Experience. ...
- Substantive Experience. ...
- Diversity. ...
- Availability. ...
- Due Diligence. ...
- Disclosures and Disqualification.
How to choose a seat of arbitration?
The seat is usually determined by the parties in their arbitration agreement. Under most arbitration rules, in the absence of agreement, the seat is fixed by the arbitral institution or the arbitral tribunal once appointed. In many arbitrations, the seat and the physical place of an oral hearing are the same.
How do you nominate an arbitrator?
In most cases, arbitrator selection follows a basic 3-step process: (1) Start with a Long List of Potential Arbitrators; (2) Pare it down to a Short List of Suitable Arbitrators; and then (3) Pick The Arbitrator to appoint.
How should mediators and arbitrators be selected?
Experience in alternative dispute resolution is an important factor to consider when selecting a mediator or arbitrator. Experienced neutrals are well-versed in the processes, techniques, and best practices of ADR, enhancing their ability to guide parties toward a satisfactory resolution.
What is the decision of the arbitrator usually?
The arbitrator makes a decision as to who is right or wrong and what relief will be awarded to the aggrieved party. Although a decision or award of an arbitrator is usually binding and enforceable, as would be a court order, it is important to consult the appropriate legislation.
What must be the decision made by an arbitrator?
must not be arbitrary; must be arrived at by a reasoning process as opposed to one based on conjecture, fantasy, guesswork or hallucination; the arbitrator must have applied his mind seriously to the issues at hand; and. must have been based on conclusions that are justifiable, defensible and logical.
What skills does an arbitrator need?
- Critical-thinking skills. ...
- Decision-making skills. ...
- Detail oriented. ...
- Interpersonal skills.
What are the methods of appointing an arbitrator?
The first party to appoint an arbitrator also proposes a candidate to serve as President of the Tribunal. The other party then appoints an arbitrator and either agrees to the appointment of the arbitrator proposed for President or proposes another candidate.
Why not to choose arbitration?
If one party feels the decision is erroneous, there is very limited opportunity to correct it. There are many cases in which arbitration can become more expensive than court proceedings. Quality arbitrators can demand substantial fees that would not apply in court.
What are key factors should be considered in drafting an arbitration agreement?
- Clear and precise language. ...
- Scope. ...
- Seat of arbitration. ...
- Governing law. ...
- Arbitral Rules. ...
- Language. ...
- Arbitrators. ...
- Other common issues.
How to address an arbitrator?
- Arbitrator – Mr. Arbitrator / Madam arbitrator / However they prefer (Please always ask pronounces too before addressing)
- Tribunal member.
- Name.
How do I select an arbitrator?
- the expertise of the arbitrator in public international law and international investment law;
- the arbitrator's experience in arbitration, especially investment arbitration;
- the arbitrator's experience in the subject matter or specific area of law raised by the case;
What should I look for in an arbitrator?
“You want an arbitrator who is other-oriented. He or she is not oriented to themselves, they are oriented to the parties, the counsel, what is being said, what is being prepared and what is being shown,” said Les Schiefelbein in response to Aragaki's opening remarks.
Who gets to choose the arbitrator?
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.
How are arbiters chosen?
Arbiters are typically chosen by the parties or may be chosen by the court on behalf of the parties.
Can anyone act as an arbitrator?
States have varying requirements for arbitrators, but most require you to have at least a bachelor's degree in law, political science or a similar field. You can gain experience for this role by completing internships and working in entry-level positions under the supervision of an experienced arbitrator.
Who chooses an arbitrator to resolve disputes?
Arbitration is similar to going to court, but more efficient, cost effective, and less complex than litigation. It is a formal process where parties select a neutral third party, called an arbitrator, to resolve a dispute.
Can you negotiate in arbitration?
Arbitration
The disputants can negotiate virtually any aspect of the arbitration process, including whether lawyers will be present at the time and which standards of evidence will be used. Arbitrators hand down decisions that are usually confidential and that cannot be appealed.
What cases are best for arbitration?
Auto Accidents: Arbitration is often used in auto accident cases, particularly when the dispute involves the extent of injuries, the amount of damages, or insurance coverage issues. If both parties agree, arbitration can quickly resolve the matter without a prolonged and expensive jury trial.
What are the most preferred arbitration seats?
The five most preferred seats for arbitration are London, Singapore, Hong Kong, Paris and Geneva. The five most preferred arbitral institutions are the ICC, SIAC, HKIAC, LCIA and CIETAC.