Last updated on
2024年9月5日
What are the best practices for selecting and appointing an arbitrator or an arbitration panel?
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Depending on the arbitration agreement or the rules of the arbitration institution that governs your dispute, you may have different options for selecting and appointing an arbitrator or a panel. For example, you may have the right to nominate one arbitrator and agree on a chairperson with the other party, or you may have to submit a list of preferred arbitrators to the institution and let it appoint the arbitrator or the panel. You may also have the option to choose ad hoc arbitration, where you and the other party design your own arbitration procedure and appoint your own arbitrator or panel, or institutional arbitration, where you follow the rules and procedures of an established arbitration institution and let it administer the arbitration and appoint the arbitrator or the panel. You should understand your options and their implications before making any decision.
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Consider the significance of your choice, as it can impact the efficiency and fairness of the arbitration process. Evaluate the pros and cons of each option, weighing factors such as cost, expertise of arbitrators, and the speed of resolution. Additionally, be aware of any specific requirements or limitations set forth in the arbitration agreement or institutional rules. A well-informed decision at this stage can contribute to a smoother and more satisfactory resolution of your dispute.
When selecting and appointing an arbitrator or a panel, you should consider the qualifications and characteristics that are relevant and important for your dispute. For example, you may want to look for an arbitrator or a panel that has expertise and experience in international shipping law, contracts, customs, logistics, or other related fields. You may also want to consider the nationality, language, culture, and availability of the arbitrator or the panel, as well as their reputation, impartiality, independence, and ethical standards. You should also check if the arbitrator or the panel has any conflict of interest or bias that may affect their judgment or performance.
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When appointing an arbitrator or panel, thorough consideration should extend to industry-specific knowledge, such as familiarity with shipping regulations and dispute resolution mechanisms. Additionally, assessing the arbitrator's communication skills, ability to manage complex proceedings, and familiarity with diverse legal systems can enhance the efficiency of the arbitration process. It's crucial to evaluate their track record in handling similar disputes and the adaptability to evolving legal landscapes. A transparent fee structure and procedural approach aligned with your preferences should also be part of the selection criteria, ensuring a seamless and effective resolution process.
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Where your claim/defence is based more on industry practice you might want to consider appointing an arbitrator who has extensive industry experience whereas if your claim/defence is based more on a legal argument and/or a strict interpretation/application of a contract you might want to consider appointing an arbitrator who has more of an academic/legal practice background.
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Based on the international arbitration agreement you and the other party agreed, you may select and appoint arbitrator with expertise related to the disputes and has international reputation. You may find that arbitrator from the list of arbitrators of the international arbitration institutions. You consider the arbitration costs by comparing the arbitration fees and administrative fees within some reputable international arbitration institutions. You need also to consult the Rules of Arbitrations of the International Arbitration Institutions and the Law of Arbitration at the place of arbitration to check the requirements to be an arbitrator. Finally, you appoint the arbitrator you think suitable for your case.
Finding and appointing a suitable arbitrator or panel for your international shipping dispute can be challenging, especially if you are not familiar with the arbitration market or the arbitration institutions. Therefore, you should use reliable sources and networks to help you with your search and appointment. For example, you can consult with your legal counsel, your trade association, your industry peers, or other experienced parties who have used arbitration before. You can also use online databases, directories, or platforms that provide information and ratings on arbitrators and arbitration institutions. You can also contact the arbitration institutions directly and ask for their recommendations or assistance.
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In addition to seeking recommendations from legal counsel, trade associations, and industry peers, tapping into specialized forums or online communities related to international shipping and trade can offer valuable insights. Engaging with professionals who have firsthand experience with arbitration in the specific context of shipping disputes can provide nuanced recommendations. Furthermore, exploring academic publications and articles on arbitration practices within the shipping industry can enhance your understanding and inform your decision-making process.
One of the advantages of arbitration is that it allows the parties to have some control and input over the selection and appointment of the arbitrator or the panel. However, this also means that you have to communicate and cooperate with the other party to reach an agreement or a compromise on the arbitrator or the panel. You should try to be reasonable, flexible, and respectful when negotiating with the other party, and avoid any unnecessary delays or disputes that may affect the arbitration process. You should also follow the arbitration agreement or the rules of the arbitration institution that governs your dispute, and respect the deadlines and procedures for selecting and appointing the arbitrator or the panel.
Once you have selected and appointed the arbitrator or the panel for your international shipping dispute, you should confirm and monitor their performance and conduct throughout the arbitration process. You should make sure that the arbitrator or the panel has accepted their appointment and disclosed any relevant information that may affect their impartiality or independence. You should also communicate with the arbitrator or the panel regularly and provide them with the necessary documents and evidence for your case. You should also monitor their progress and efficiency, and raise any concerns or issues that may arise during the arbitration process. You should also respect their authority and decisions, and comply with their orders and awards.
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In an arbitration, be it domestic or international commercial arbitration, you and the other contracting party, legally, have a right to select and appoint the arbitrators based on expertise as needed. However, it is important to understand that after the appointment you and the other party are not free to communicate or talk to the arbitrators because based on the Laws on Arbitration and the International Rules of Arbitration they must be independent and impartial, free from the intervention of disputing parties and third parties as well. Further, the disputing parties are also not free to submit documents and evidence as they like because there are rules to follow in the Rules of Arbitration as to when to submit documents and evidence.
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It is mistaken belief that when a claimant/respondent selects an arbitrator that the selected arbitrator will be sympathetic to the case of the person/entity that made the selection. Whilst one of the benefits of arbitration is the ability to participate in the selection of the arbitrator(s) one should not lose sight of the fact that an arbitrator will act independently and impartially.
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