5 The Selection of Arbitrators
James H. Carter
Edited By: James H. Carter, John Fellas
- Jurisdiction — Arbitrators — Conduct of proceedings — Recognition and enforcement
This chapter discusses the process of selecting arbitrators. Arbitrators are often selected based on the counsel’s prior experience with them, in one connection or another. Sometimes, in the absence of such information, counsel may make a selection simply on the basis of the arbitrator’s reputation. The selection may be made without any contact with the prospective arbitrator but, typically, counsel prefer to interview one or more arbitrator candidates to determine first-hand what a prospective arbitrator’s actual experience, commitment, and availability are. The rules governing such arbitrator “beauty contests” are addressed, to some extent, by the American Arbitration Association/American Bar Association Code of Ethics for Arbitrators in Commercial Matters (AAA/ABA Code of Ethics) and some arbitration rules.