Screened Selection In Party-Appointed Arbitrations

Law360, New York (July 28, 2015, 6:16 PM EDT) -- Charles B. Rosenberg

Olivier P. Andre Every law student learns in the first few weeks of an alternative dispute resolution seminar that one advantage of arbitration over litigation is the ability of the parties to select the decision makers. A common practice in arbitration is for each party to appoint an arbitrator, and then for the two party-appointed arbitrators to agree on the chairman of the tribunal.

In recent years, however, a debate has raged in the arbitration community regarding the practice of party-appointed arbitrators. Luminaries in the field, including Jan Paulsson, Albert Jan van den Berg and Charles Brower, have...

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