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How do you select an arbitrator?

There are a number of decisions parties can make to encourage efficiency in arbitration. Selecting the best arbitrator, or tribunal, for the case is one of the most impactful of these decisions.

But how is that decision made? Sometimes, by flip of a coin.* Other times, by word-of-mouth recommendations or dictated by the who-you-know process. Historically, selecting arbitrators has been a rather opaque endeavor.

Today, there are a myriad of resources that parties can consult to assist in the arbitrator selection process. For additional details on research processes that help identify qualified and diverse arbitrators, along with recommendations to facilitate that research, please see my article in Corporate Disputes magazine, "Efficiency in Arbitration: Considerations for the Arbitrator Selection Process."

* For the uninitiated. there are contracts which involve flipping a coin to determine who will serve as arbitrator. This is purportedly done to eliminate bias and save time.

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