Arbitration Espresso

Where can I find an arbitrator

First, let’s answer the question of who can be an arbitrator. To put it simply, basically anyone. There is no official certificate, such as a medical or bar license. A number of institutions provide certificates for arbitration courses and many arbitral institutions, ones that provide secretarial services to conduct arbitrations, do provide lists of arbitrators.  

That being said, it does make sense to use a person who knows arbitration procedures and arbitration law.

The TWO qualities every arbitrator MUST have are that they are independent and impartial.  

If the parties have agreed in a contract or at a later stage upon certain qualifications such as nationality, age or any other criteria, that arbitrator must meet those.

There are a number of ways to find an arbitrator. Arbitration institutions have lists with people that are qualified in arbitration as a procedural field. However, they only offer limited quality control and sometimes don't recommend arbitrators for the parties to choose from.

If you don't go to a traditional institution for your arbitration but to a specialized Chamber of Commerce or a specialized institution in a particular field such as the WIPO for intellectual property, you will often find arbitrators that are both qualified in arbitration and qualified in the field of your dispute.

There are many organizations in which arbitrators are associated. Some offer certification courses, some do not. Organizations like arbitral women (https://www.arbitralwomen.org) or the Chartered Institute of Arbitrators (https://www.ciarb.org) offer lists with specializations of and information about the potential arbitrators.

 

The benefit of such institutions is that they usually have the arbitrators past experience and CVs on file and publicly accessible. The one downside is that the pool within these groups is generally limited.

 

The real answer here is likely the answer you have come across most often in life – ask your trusted resources for an individual he or she can recommend.

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