How to Become an Arbitrator: A Career or a Lifetime Achievement?

I get a lot of questions about how to become an international arbitrator. These questions come from all kinds of people—young lawyers just starting their careers, seasoned practitioners from other fields of law, and even professionals from non-legal backgrounds like construction, engineering, or finance. International arbitration is undeniably attractive, with its promise of global travel, intellectual challenges, and the chance to work across different cultures and legal systems. It’s easy to see why so many aspire to it.

But here’s the reality: becoming an international arbitrator is not a career decision you wake up one day and decide to pursue. It’s a lifetime achievement that requires years—if not decades—of hard work, dedication, and respect earned from your peers. If you’re looking for a clear, straight path to becoming an arbitrator, let me tell you upfront: it doesn’t exist.

What we can do, however, is break down the path into stages and understand what it truly takes to get there. Whether you’re just starting out or considering a transition from another field, this guide will provide you with a realistic picture of what lies ahead.

The Different Career Paths in Arbitration

Before diving into how to become an arbitrator, let’s first define the broader career landscape in international arbitration. There are three main pathways to working in this field:

1. International Arbitration Lawyer

This is the most common entry point. Lawyers specializing in arbitration represent clients in disputes, draft pleadings, present cases before tribunals, and develop expertise in arbitration rules and procedures. This role provides the foundation for anyone aspiring to become an arbitrator.

Most arbitration lawyers start as associates at law firms with a strong arbitration practice. Over time, as they gain experience and build a reputation, they may transition into arbitrator roles. For many, this is a gradual process that requires years of consistent performance.

2. Careers at Arbitration Institutions

Institutions like the International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC), and Korea Commercial Arbitration Board (KCAB) play a crucial role in administering arbitration cases. Working at these institutions offers unique insights into case management and procedural rules.

Some professionals make a long-term career within institutions, while others use their experience as a stepping stone to private practice. Institutional roles provide exposure to a wide range of disputes and the opportunity to interact with leading practitioners, making it an excellent learning environment.

3. Independent Arbitrator

This is often considered the pinnacle of an arbitration career. As an independent arbitrator, you are responsible for managing cases, making impartial decisions, and drafting enforceable awards. However, becoming an independent arbitrator is not something you can simply decide to do—it’s a role you earn through years of experience, credibility, and respect.

The Reality of Becoming an Arbitrator

To understand what it takes to become an arbitrator, let’s break it down into two stages: party-appointed arbitrator and presiding arbitrator.

1. Party-Appointed Arbitrator

Most arbitrators start by being appointed by parties in disputes. These appointments are often based on professional reputation, expertise in a specific area, or relationships built over years of practice. For example, a construction lawyer with extensive experience in complex disputes may be appointed as an arbitrator in a construction case.

Party-appointed arbitrators must balance their understanding of the appointing party’s perspective with their duty to remain impartial. This is a critical first step in building a career as an arbitrator.

2. Presiding Arbitrator

The presiding arbitrator, or tribunal chair, is typically chosen by the party-appointed arbitrators or by an institution. This role demands not only expertise but also the trust and respect of your peers. Becoming a presiding arbitrator is a significant milestone that signals you have established yourself as a leader in the field.

Challenges for Non-Traditional Entrants

For professionals transitioning from other fields or legal practices, the path to becoming an arbitrator can be especially challenging.

For Seasoned Lawyers:

• Adapting to Arbitration: Lawyers from other areas of practice, like corporate or litigation, must learn the procedural and substantive nuances of arbitration.
• Gaining Visibility: Volunteering for arbitration-related tasks or transitioning to a firm with a strong arbitration practice can help build credibility.

For Non-Lawyer Professionals:

• Leveraging Expertise: Professionals in fields like construction or engineering can offer valuable technical insights in arbitration, especially in industry-specific disputes.
• Learning Legal Skills: Understanding procedural rules, legal analysis, and award writing is essential for success as an arbitrator.

Essential Skills for Arbitrators

Two skills are non-negotiable for anyone aspiring to be an arbitrator:

1. Case Management

Effective case management ensures that arbitration proceedings are conducted efficiently and fairly. This skill is developed through years of experience, observing best practices, and learning from mistakes.

2. Award Writing

The award is the arbitrator’s final product. A well-written award reflects a clear understanding of the issues, sound legal reasoning, and a fair decision. Award writing requires strong analytical skills and attention to detail.

?Practical Advice for Aspiring Arbitrators

While the path to becoming an international arbitrator is challenging, it is not impossible. The key lies in consistent effort, strategic planning, and a focus on building skills and relationships. Below is a detailed breakdown of practical advice tailored to three categories of aspiring arbitrators: young lawyers, seasoned practitioners transitioning to arbitration, and professionals from non-legal fields.

For Young Lawyers: Building the Foundation

1. Start Small but Start Early: Your first role in arbitration might not be glamorous, but it is critical for building foundational knowledge. Join law firms or organizations that handle arbitration cases, even if your role involves groundwork like document review or research. These experiences will teach you how arbitration cases are built from the ground up.
2. Focus on Experience Over Prestige: A common mistake for young lawyers is prioritizing the prestige of a firm over hands-on experience. While a big-name firm might look good on your CV, smaller firms often provide more opportunities to take on substantive work early in your career.
3. Learn the Rules Inside Out: Familiarize yourself with institutional rules like those of the ICC, SIAC, LCIA, ICDR, and KCAB. Understanding these rules not only helps in your day-to-day work but also demonstrates your commitment to the field.
4. Cultivate Writing and Analytical Skills: Award writing is one of the most critical skills for arbitrators. Practice drafting legal memos, opinions, and other written work to hone your ability to present clear and structured arguments.
5. Engage with Mentors: Seek guidance from senior lawyers or arbitrators who can offer insights into the profession. A mentor can provide advice on navigating your career and may even recommend you for roles in the future.
6. Participate in Training Programs and Moot Competitions: Enroll in courses offered by institutions like CIArb or attend workshops on arbitration procedures. For students or recent graduates, moot competitions such as the Vis Moot are invaluable for gaining practical arbitration experience.

For Seasoned Lawyers: Transitioning with Purpose

1. Acknowledge the Learning Curve: If you are transitioning from another field of law, recognize that arbitration has its own set of procedures and nuances. Approach the field with humility and a willingness to learn.
2. Volunteer for Arbitration Cases: Within your firm, express interest in arbitration matters and offer to assist with drafting notices of arbitration, statements of claim, or procedural submissions. These tasks will familiarize you with the intricacies of arbitration proceedings.
3. Leverage Your Existing Network: Use your professional relationships to gain visibility in arbitration circles. Attending arbitration-focused seminars and conferences can also help expand your network.
4. Specialize Strategically: If you have expertise in a particular industry (e.g., construction, energy, intellectual property), position yourself as an expert in disputes within that sector. Specialized knowledge can set you apart as an arbitrator in niche areas.
5. Develop a Track Record in Advocacy: Arbitrators are often selected based on their reputation as advocates. Demonstrating fairness, professionalism, and strong advocacy skills in cases can help build your credibility within the arbitration community.
6. Earn Recognition Through Writing and Speaking: Publish articles in arbitration journals or present at industry events. Thought leadership helps establish you as an authority in the field and makes you more visible to potential clients and colleagues.

For Non-Lawyer Professionals: Harnessing Your Expertise

1. Capitalize on Your Industry Knowledge: Professionals from fields like construction, engineering, or finance bring valuable technical insights to arbitration, especially in industry-specific disputes. Highlight your expertise in these areas to position yourself as a credible arbitrator.
2. Learn the Legal Basics: While you don’t need to become a lawyer, understanding the procedural rules and legal principles governing arbitration is essential. Take courses or attend workshops to gain foundational knowledge.
3. Join Professional Organizations: Become a member of groups like CIArb or other arbitration-focused organizations. These memberships provide networking opportunities and access to educational resources.
4. Offer Your Services as an Expert Witness: Serving as an expert witness in arbitration cases can help you build visibility and credibility within the arbitration community. Over time, this experience can pave the way for arbitrator appointments.
5. Showcase Case Management Skills: Effective case management is critical in arbitration. Highlight your organizational and problem-solving abilities in professional interactions to demonstrate your readiness for the role of an arbitrator.
6. Collaborate with Legal Teams: Work closely with arbitration lawyers to understand the interplay between technical expertise and legal strategy. This collaboration will deepen your understanding of the arbitration process.

Universal Advice: Key Habits for All Aspiring Arbitrators

1. Build a Reputation for Integrity: Regardless of your background, integrity is non-negotiable. Your reputation within the arbitration community will determine whether parties trust you to handle their disputes.
2. Master Time Management: Arbitrators must juggle multiple cases while meeting strict deadlines for awards. Develop strong time management skills to handle these responsibilities effectively.
3. Stay Updated on Developments: Arbitration is a dynamic field. Stay informed about new rules, case law, and trends by regularly reading arbitration publications and attending industry events.
4. Be Patient and Persistent: Building a career as an arbitrator takes time. Focus on consistently delivering high-quality work and trust that opportunities will come as your reputation grows.

Final Thoughts: It’s About the Journey

Becoming an international arbitrator is not a career choice—it’s the result of years of dedication, hard work, and the respect you earn from your peers. Whether you’re a young lawyer, a seasoned practitioner, or a professional from another field, the journey to becoming an arbitrator requires a combination of technical expertise, professional relationships, and personal integrity.

At Michael Lee Chambers, I understand the challenges and opportunities that come with pursuing this path. That’s why I’ve created resources like Consilium—to provide aspiring arbitrators and practitioners with free, practical insights into arbitration. If you have questions or need guidance, I’m here to help. Let’s navigate this journey together.