Because arbitration is a private dispute resolution process lacking some of the safeguards of a national legal system, the quality of the tribunal has a significant impact on maintaining parties’ confidence in arbitration as a system that works. This chapter focuses on issues of the tribunal's appointment, qualifications, and duties – all of which bear on the integrity of the process and on the efficiency and effectiveness of the dispute's resolution.

APPOINTMENT OF ARBITRATORS

Choosing arbitrators who will preside over the proceedings and issue an award is perhaps the most important thing a lawyer does with respect to resolving the client's dispute. The skill, experience, and knowledge of the arbitrators will have a significant impact on the quality of the process and of the award. In addition, arbitrators are fundamentally more powerful than judges, because unlike judges, their decision usually cannot be overturned on the basis of fact or law. An arbitrator can misinterpret the law or make an egregious mistake based on the facts of the case, and counsel will generally be unable to vacate the award resulting from the mistakes. Thus, it behooves lawyers to plan carefully how they are going to select their decision makers.