Legal disputes such as contract disputes often require professional assistance from a qualified attorney or arbitrator for mediation. Such disputes are likely to get even more complex when they happen on an international platform. Let’s be honest, international law is complicated even for the most experienced attorneys. When you are dealing with an international dispute on certain issues such as family, bankruptcy, employment, patent or lender liability, finding a good intentional arbitrator is your next big challenge. International arbitrators are the link between an international arbitration process and its success. Always remember that once an arbitration decision has been made, the disputing parties have little or no room to appeal that decision. This can happen even when the burden of liability rests with the arbitrator. When choosing the right person in arbitration, you therefore need to choose a person whose credibility is beyond reproach. Remember, arbitration processes tend to rely greatly on independence and impartiality. The arbitrator should not be seen as acting under duress or even seen as favoring one of the parties in the dispute. So how should you go about choosing an arbitrator for an international dispute?
Methods Used to Select International Arbitrators
There are several methods that can be used to select arbitrators where international jurisdiction is involved. Whenever a dispute is supposed to be decided by a single arbitrator, you can decide among the disputing parties on who should arbitrate the issue. Remember, the arbitrator should have all the qualities of impartiality and independence. In case the dispute is too complex and require three arbitrators, then the disputing sides can each appoint an arbitrator. The selected persons can then go ahead and select a chairman for the process. In the second scenario, the two arbitrators appointed by the two disputing parties should negotiate on the third person to be appointed as the chairman of the arbitration. This requirement ensures that all the parties are well represented in the dispute. As mentioned earlier, international disputes are complex in nature. Many are the times that some parties feel underrepresented or fail to agree on the decisions arrived at from the process due to conflicting legal statutes in different countries and regions. For this reason, there are a number of factors that you are supposed to take into consideration before selecting an international arbitrator. These factors do not guarantee the success of the arbitration process but have an actual impact in the process and how well it goes. Below are some of the key qualities you should look out for when appointing an international arbitrator.
Factors to Consider in International Arbitration
To start with, choose someone with a legal background such as an attorney or a judge. Whereas the chances for recourse from arbitration are very minimal, it doesn’t mean that an arbitration award cannot be overturned by a judge. Disputes regarding international transactions also tend to rely heavily on the laws governing the respective countries involved. Choosing someone with legal understanding ensures that the proceedings and remedies from the arbitration are within the respective legal framework in the country of representation. For example, there are some nations that use the common law system while others operate under the civil law system. This means that when choosing an international arbitrator; choose someone who understands the difference between common and civil laws. Apart from the education background, choose a person who has good managerial skills. This might not seem like an important factor at first but management skills in this case encompass people, time and organizational management. There is always the temptation of hiring one of the top arbitrators that you have probably heard of. Whereas this is not a bad idea, the greatest challenge that these people have is managing their workload. Choose someone who can dedicate their time and energy towards solving your dispute. Since international disputes are complex, you are not limited to the options you should focus on when choosing an international arbitrator but give priority to the ones that will get you the most qualified person in the profession.
