How Do I Choose an Arbitrator?

How Do I Choose an Arbitrator?

One of the great benefits of opting for arbitration as a legal method to resolve a dispute is that as a role player in managing your dispute hands-on you can choose the arbitrator that will be present when the arbitration meeting takes place. However, in order to use one to your best advantage you must select an arbitrator that is well-versed in the area of your dispute. This is much like selecting a lawyer, and though not as complex. An arbitrator can make or break your case. So in order to gain the edge on the dispute here are some tips for choosing an arbitrator :

Experience and relevant qualifications
It is imperative that the arbitrator that you choose is reputable in a positive manner. It is also important to screen the arbitrators for your case according to where their expertise lies. Experience is a key trait to look at when choosing an arbitrator. If they are rather inexperienced they will be less likely to negotiate terms that you infer. Also be aware there are different types of arbitrators that have studied and access to knowledge in various niches of dispute resolution by arbitration.

Language
Arbitration is utilized globally to resolve disputes that occur, however it is important that the arbitrator you choose speak the language of the nation or meeting that is taken place - your language preferably. This can be an asset in understanding what is happening in and during the process of the legal resolution of the dispute. It can be distracting to choose an arbitrator that may be well qualified in the niche of dispute that is being handled, however if they do not speak the native language miscommunication can arise.

Nationality
Nationality is sometimes mandated to be different than of the same as that of the parties who are undergoing the arbitration. It is dependent on the contract, the location, the nationality, the organization or association that is holding the arbitration meeting. There is always a purpose for these rules, so be sure to check what the guidelines are for your specific case or dispute.

Conflict of Interest
It is crucial to make sure that the arbitrator does not interfere with conflict of interest of you or the other party. It is stipulated in governing laws that no arbitrator should be challenged in the impartiality clause as pertaining to conflict of interest to another opposing party. This is a big deal breaker and in fact can definitely cause the agreement of arbitration to wind up in court or to be nullified and void immediately. So be safe when choosing an arbitrator that understands their role and the rues that they are bound by to serve justice fairly and equally.

In conclusion, it should take a great amount of research, screening, and time to choose the exact arbitrator that suits your specific needs. Seek all your options and do not be afraid to ask many questions of the arbitrator as this will benefit you in the long run.

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Arbitrator Selection:

Arbitration is a non-voluntary alternative dispute resolution process. Unlike mediation, a knowledgeable, independent, and impartial third party is empowered to make a decision. The arbitrator hears the disagreement between one or more parties and after considering all relevant information renders a final decision in favor of one of the parties. Arbitration decisions may be either binding or non-binding, depending on the terms of the arbitration agreement. Binding arbitration decisions may be confirmed by a court and carry the same significance as a court judgment.

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