The Ins and Outs of Arbitrator Selection

Abstract

When preparing for the filing of a request for arbitration (or the answer thereto), the representatives of the party and outside counsel are focused on collecting facts, developing legal arguments, and considering potential witness and expert evidence they will be able to use in the arbitration. During that already busy period, the selection of the party-appointed arbitrator or the process for selecting a sole arbitrator or presiding arbitrator is also underway. As with all the other preparatory work, the arbitrator selection is geared at winning the case or, to put it more objectively, to secure an optimal outcome of the case under the given circumstances. The following remarks might sound trivial for a lawyer who is already involved in arbitration proceedings for a long time; to those colleagues, I apologize. However, many in-house counsel and/or lawyers who are not regularly involved in arbitral proceedings might find these comments and suggestions helpful.