The International Arbitration Committee of the ABA’s Section of International Law has published a special Newsletter Regarding Arbitrator Appointments. In the newsletter, committee members discuss arbitrator selection in international legal disputes.
Historically, the freedom of parties to select their own arbitrators has been recognized as one of the principal hallmarks of arbitration. In recent years, a lively debate has emerged regarding the merits of party-appointed arbitrators. Leading practitioners and scholars have raised a number of critical questions, the resolution of which may influence the future use of this method of arbitrator selection. They include:
- Are the benefits of arbitration reduced if the parties are unable to select their own arbitrators?
- Is party selection of arbitrators endangering the integrity of the arbitral process?
- How do institutions currently appoint arbitrators, and what standards do institutions establish for the selection of arbitrators by the parties?
In this publication, renowned experts set forth their views on these key issues, and representatives of many of the world’s leading arbitral institutions describe in detail the procedures for institutional appointment of arbitrators and the rules and norms applicable to party selection of arbitrators.
What do you think? We would love to hear your thoughts.