arbitration mediationThe cornerstone of international arbitration is party autonomy. In a 2018 interview, Gary Born described the relation to arbitrator selection as follows:

The parties[’] autonomy to select arbitrators of their own choosing, who they consider appropriate to their particular dispute, is an essential characteristic of international arbitration. In fact, the freedom, and responsibility, for selecting the tribunal for every case is one of the distinguishing features of the arbitral process.

Given this, it makes sense that parties exercise this autonomy and seek to find arbitrators with whom they are comfortable. Moreover, it makes sense that having been through an arbitration with an arbitrator, a party may want to appoint that same arbitrator to serve in a future dispute.

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