The Essential Qualities for an Arbitrator

Abstract

This note provides a practitioner's perspective on one of the most important, if not the most important, decision in any arbitration: selection of the arbitrators. An advantage of arbitration over other binding dispute resolution mechanisms is the ability for parties to select arbitrators best suited to the case at hand. Each case is generally different, however. Arbitrators with specific qualities may suit them for a given case. This note provides a practical framework for identifying, vetting and selecting arbitrators who are right for a case. It first identifies factors a party may wish to consider in determining the qualities required. It then elaborates a practical approach for identifying candidates possessing such qualities, performing due diligence on those candidates and making the final selection.