Choosing the right arbitrator to hear a dispute is vitally important. Our brilliant team can help you through this process and help you succeed in resolving your dispute.
By its nature, being a consensual process, the parties are generally free to choose their own arbitrator(s). On occasion, the parties may delegate this to an arbitral institution such as the LCIA or ICC instead.
The importance of choosing the right Arbitrator
It goes without saying that choosing the right arbitrator for the dispute will go a long way to ensuring a fair and effective arbitration. This lends itself to arbitrators being chosen on fact/dispute specific cases.
Matters for consideration when choosing an arbitrator are;
- whether the arbitration is international or domestic
- what is the arbitrator’s nationality, cultural background (in an international arbitration) and linguistic ability?
- what are the arbitrator’s legal qualifications and knowledge of the relevant substantive area of law?
- what are the arbitrator’s technical qualifications if any (for example in a construction dispute)?
- what is the availability of the arbitrator(s?)
- what is the arbitrator’s previous experience in arbitration?
However, it is important to ensure that one is not unduly restricted. If parties wish to place restrictions in an arbitration clause, it is important not to be too specific, otherwise, this may cause significant delay in sourcing the arbitrator. For example, to put into a clause “a lawyer with experience in Russian law and the aeronautical industry” would limit the field considerably.
Whatever your Arbitration enquiry – our team has the expertise to help. FWJ are experienced in helping clients from all over the world resolving their disputes using the Arbitration process, including ensuring the right choice of Arbitrator is made. Call our team of experts today and we can help.
