Selecting the Right Arbitrator: A Comprehensive Guide to Making Informed Choices
In the world of international arbitration, few decisions are as consequential as the selection of an arbitrator. This key figure holds significant sway over the outcome of the proceedings, and hence, it’s paramount to make an informed and judicious choice. Below is a guide, drawn from industry best practices, on how to navigate this critical juncture in your arbitration journey.
1. Leveraging Online Tools for Arbitrator Discovery
The digital age has blessed us with several online tools that make the hunt for the ideal arbitrator much more manageable. Renowned databases like the International Arbitration Institute’s search tool, the ASA Database, and the CI-Arb search tool are excellent starting points. They house a wealth of information on arbitrators with varying expertise and experiences. It’s worthwhile to explore multiple platforms to obtain a well-rounded perspective.
2. Understanding Arbitrator Attributes
Every arbitration case is unique and demands specific attributes in its arbitrator. While some parties might prioritize speed and cost-effectiveness, others may place a premium on deep expertise or adherence to the “black letter” law.
3. Ensuring Independence and Impartiality
At the very heart of arbitration lies the principles of independence and impartiality. Every arbitrator must:
- Be independent of the parties involved in the dispute.
- Approach the subject matter of the dispute with absolute impartiality.
Falling short on these fronts can risk the annulment of an arbitral award. The IBA Guidelines on Conflicts of Interest in International Arbitration are an invaluable resource to discern and steer clear of potential conflicts.
4. Engaging with Potential Arbitrators
In international arbitration, it’s common and entirely acceptable to engage in preliminary discussions with potential arbitrators. These interactions can be instrumental in gauging the arbitrator’s approach, demeanor, and trustworthiness, thus helping parties to make a more informed choice.
5. Grasping the Fee Structures
Arbitrator fees can be a maze. They vary based on the chosen arbitration rules and occasionally on individual negotiations with the arbitrator. While ICC Rules of Arbitration peg fees on an ad valorem basis, LCIA Rules of Arbitration link them to hourly rates. ICSID arbitrations and purely ad hoc arbitrations have their distinct structures. It’s pivotal to understand these nuances to avoid unexpected financial surprises down the line.
6. Essential Attributes of an Ideal Arbitrator
When sifting through potential candidates, it’s recommended to have a checklist that covers the following attributes:
- Experience: Prior experience in international arbitration, preferably as an arbitrator.
- Linguistic Skills: Fluency in the arbitration’s language.
- Legal Acumen: A deep understanding of the substantive law and applicable arbitral rules.
- Technical Expertise: Especially crucial for cases involving intricate technical details.
- Personal Traits: Integrity, intelligence, attention to detail, and a commitment to fairness.
- Availability: The arbitrator must have the bandwidth to commit to the case fully.
- Case Management Skills: An efficient procedure hinges on effective case management.
Closing Thoughts
The selection of an arbitrator is not just a procedural formality; it’s a strategic decision that can profoundly impact the outcome of the arbitration. This guide aims to offer a structured approach to making this choice. However, as with all things in the realm of international arbitration, every case’s unique dynamics should be the guiding force behind any decision.
