Originally from the Leading Arbitrators' Guide to International Arbitration - Fourth Edition

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The importance of the selection of arbitrators cannot be overstated.  Different arbitrators may view the same facts and law quite differently. Arbitrators also may have significantly different preferences with respect to how an arbitration should be conducted. Such differences not only affect the quality and cost of the proceeding, but they also may have a meaningful impact on the result. The differences among arbitrators may be attributed to many factors including, among others, differences in education, training, intellect, legal tradition, and experience. Given the critical role of the arbitrators, the appointment of the tribunal warrants considerable care and attention. Parties can maximize the prospects for obtaining a favorable tribunal—or at least avoiding an unfavorable one—by understanding the process by which the tribunal is appointed and the opportunities for affecting which arbitrators are selected.  

This chapter is intended to help parties navigate the appointment of the arbitral tribunal. It begins by considering the role of party autonomy in the selection of the tribunal and constraints on who may serve as an arbitrator in a particular case. The chapter surveys the methods by which arbitrators are appointed, assessing their relative advantages and disadvantages. It covers the obligations of arbitrators with respect to disclosures that they must make concerning their independence, impartiality and availability, the mechanics of that process, and how parties may object to the service of an arbitrator. The balance of the chapter is devoted to the all-important decision of whom to appoint. It discusses how in practice parties may choose or influence the choice of arbitrators on their tribunal.