Party-Appointed Arbitrators in International Arbitration: Criticized but Beloved
This articles discusses the continued vitality of the party-appointed arbitrator function and how it is treated by international arbitration users and their counsel in the face of guidelines and rules that have an impact on it.
May 22, 2024 at 10:00 AM
10 minute read
For a lawyer with a background of trying cases before juries in federal court, as Mr. Newman was doing in the early 1970s, learning about the practice in international arbitration of hearings before three arbitrators, with the contesting parties each appointing one, was a revelatory experience. Instead of planning for the eventuality of presenting to a federal civil jury of six members as triers of fact, counsel had to think, even before commencement of the proceedings, about the composition of a mini jury of one half of that trial court jury—and one that not only would serve as triers of fact but would also rule on issues of law. The power to appoint a tribunal member was a comfort and an opportunity, and of course, was also a power the exercise of which had to take into account that one's adversary also had the same power.
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