Key criteria in appointment of arbitrators in international arbitration

Author:Bazil Oglinda
Position:Law Department, Bucharest University of Economic Studies
Pages:124-131
SUMMARY

Maybe in all situations the most important factor is the decision making person. In arbitration this person is the arbitrator. Knowing how to choose your arbitrator is the first step in knowing how to win your case. There are some important criteria that needs to be taken into account when appointing an arbitrator, like the independence and impartiality of the arbitrator, the experience in... (see full summary)

 
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Key criteria in appointment of arbitrators in international arbitration
Lecturer Bazil OGLINDĂ
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Abstrac t
Maybe in all situati ons the most importa nt factor i s the d ecision mak ing person.
In arb itration this perso n is th e arbitrat or. Knowin g how to choose yo ur arbitrato r is the
first step in kno wing how to win your case. There are so me importa nt criteria tha t needs to
be tak en in to acc ount when app ointing an arbit rator, lik e the in dependen ce and
impartia lity of t he arbit rator, the experience in simila r cases, k nowled ge of the system of
law appli cable to t he co ntract and other backg rounds.Anoth er import ant a spect is the
number of arbitrat ors and the adv antages an d disadvan tages of having one, three or more
arbitra tors. All tho se issues are very important when drafting the arbi tration agreement
and in matte rs of compl ex contracts it is of h igh importance to have leg al advisors th at will
help you d raft an agre ement th at wil l minimize risk s and favor efficient arbit ral
proceed ings.
Keywords: arbitrat ion, app ointment, crit eria of sel ection, part y auto nomy,
indep endence an d impartiali ty.
JEL Cla ssification: K33, K41
1. Introduction
Selection of arbitrators represent the essence of arbitration as a private
dispute resolution method. The power given to the parties regarding the selection
of arbitrators has been regulated through different regulations, guidelines,
legislations or other similar documents. Nevertheless, the fact that parties in an
arbitration have the liberty, yet burden to choose the best adjudicator for their case
may lead to difficult situations, blockages and even insecurity of the arbitration
proceedings.
There are widely recognized criteria to select arbitrators, such as
impartiality, independence, honorability, availability, but, in most situations,
parties have to take into consideration much more in order to feel comfortable with
the outcome and be confident in the judgement of the arbitral tribunal.
Parties, in choosing their arbitrators are in front of decision based on both
opportunity and legality. They have to always pay attention to the mandatory
conditions imposed by law or regulations and, in the same time, they have to
compare and contrast the best person for the particularities of the case at hand.
Legislation comes to limit opportunity, because, if completely free, parties may
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Bazil Oglindă - Law D epartment, Bucharest University of Economic Studies,
bazil.oglinda@oglindalawyers.ro

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