There are no formal requirements to be an arbitrator. However, it is normal that the disputing parties (especially if a sole arbitrator is to be appointed) will appoint a lawyer to deal with the dispute.
One of the key advantages of arbitration is that parties are able to choose their own tribunals, which means choosing their own arbitrators.
- this allows for parties to choose arbitrators of relevant expertise, for example a civil engineer in a construction dispute may sit as an arbitrator in a panel of 3 to provide relevant expertise to the dispute.
- it is common however, for the chairman of the tribunal to be legally trained, as lawyers are thought to have a better grasp of procedure, and consequently are able to progress disputes more efficiently and expediently.
That being said, there are worldwide institutions such as the CIARB where one can formally train as an arbitrator, with the relevant qualifications.
There are also international guidelines that arbitrators should follow, especially as the world becomes more globalised. For example,
- these include disclosing relationships with various parties, and circumstances in which arbitrators should or should not act to adhere to standards of impartiality, independence and disclosure.
- the International Bar Association provides a “list” of specific situations that are organised like a traffic light. A red list example is where an arbitrator should not be appointed in circumstances where they have a significant financial or personal interest in one of the parties, or the outcome of the case.
Whatever your Arbitration enquiry – our team has the expertise to help you. FWJ are experienced in helping clients domestically and internationally resolve their disputes through the use of Arbitration and can help make sure the right Arbitrator is appointed on your claim. No matter what your issues – call our team of experts today and we can help.