One of the most critical areas of any arbitration is the arbitrator appointment process – getting the right arbitrator ensures a fair and unbiased result. Once the arbitral tribunal has been constituted, it becomes increasingly expensive and difficult to replace the arbitrator, and even more so once a decision has been issued. In many jurisdictions, parties are accustomed to being assigned a judge, but international arbitration is a party-driven process, where party autonomy must be honoured and respected.
Almost all reputable institutions allow parties to appoint their party-appointed arbitrators. However, when an institution appoints a chair arbitrator, sole arbitrator or all the members of a tribunal, the parties’ participation is limited. This article briefly discusses how the International Centre for Dispute Resolution (ICDR) engineered the arbitrator appointment process to be transparent, neutral and fair, and more importantly, how Chinese parties can actively participate in the appointment process and ensure this process reflects their needs.
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The author, Zhang Cheng, is an international case manager at the American Arbitration Association’s International Centre for Dispute Resolution (AAA/ICDR) New York office and a member of the centre’s Asia desk. Co-author Michael Lee is a vice president of AAA/ICDR based in Singapore
