The ability to select the ultimate decision-maker is one of the key advantages of arbitration. Unlike trial, where the decision-maker is an assigned judge or an unknown jury, in arbitration the parties get to choose the arbitrator. Hence, a great deal of time, effort and thought should go into the arbitrator selection process. This article discusses that process, as well as how to use an arbitration simulation to predict how the arbitrator may rule.
The arbitrator selection process depends upon the arbitration agreement. Some agreements provide that the arbitrator will be selected through an arbitration institution’s process, such as the American Arbitration Association (“AAA”) or the International Chamber of Commerce. Similarly, if the agreement incorporates an arbitration institution’s rules, that institution’s process will be used. If the agreement is an ad hoc agreement, the parties must follow the provisions in the agreement and try to reach an agreement on the arbitrator(s).
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