Arbitration Arbitrator Selection and Tribunal Formation 2 — Questions and Answers
Question 1: Under AAA/ICDR rules, what is the standard for disqualifying an arbitrator?
- Any prior acquaintance with a party's counsel
- Evident partiality or lack of independence demonstrated by specific facts (Correct answer)
- Holding a different legal opinion than the party requesting disqualification
- Charging hourly fees above the institutional guideline rate
Correct answer: Evident partiality or lack of independence demonstrated by specific facts
Disqualification requires specific facts demonstrating evident partiality, such as undisclosed relationships or direct financial interests, not mere association or legal disagreement.
Question 2: What is a 'truncated tribunal' in arbitration?
- A tribunal with fewer arbitrators than agreed due to death, resignation, or removal of an arbitrator (Correct answer)
- A tribunal that has reduced its hearing schedule
- A sole arbitrator in a case initially designated for three arbitrators
- A tribunal where all arbitrators are from the same country
Correct answer: A tribunal with fewer arbitrators than agreed due to death, resignation, or removal of an arbitrator
A truncated tribunal arises when an arbitrator dies, resigns, or is removed, potentially allowing the remaining arbitrators to proceed under certain institutional rules after failing to replace.
Question 3: What is the 'deliberation process' in a three-arbitrator panel?
- Each arbitrator independently writes a separate award
- The three arbitrators discuss the case in private, reaching a decision by majority vote (Correct answer)
- Deliberations are always recorded and made available to the parties
- The presiding arbitrator has final authority regardless of the other arbitrators' views
Correct answer: The three arbitrators discuss the case in private, reaching a decision by majority vote
Three-arbitrator panels deliberate in private, with decisions made by majority vote; the presiding arbitrator does not have a casting vote or override authority in most systems.
Question 4: What is a 'dissenting opinion' in an arbitral award?
- A majority opinion disagreeing with the losing party's position
- A written statement by a minority arbitrator explaining disagreement with the majority's decision (Correct answer)
- A submission filed by a dissatisfied party after the award
- An arbitrator's refusal to sign the award
Correct answer: A written statement by a minority arbitrator explaining disagreement with the majority's decision
A dissenting opinion is a separate statement by an arbitrator who disagrees with the majority, explaining the basis for the dissent, though it does not affect the award's legal validity.
Question 5: What is the significance of an arbitrator's 'duty to disclose' at the appointment stage?
- The arbitrator must disclose all prior arbitration awards publicly
- The arbitrator must disclose any circumstances that might give rise to justifiable doubts about independence or impartiality (Correct answer)
- The arbitrator must disclose the fees charged in prior cases
- The arbitrator must disclose which party appointed them in future cases
Correct answer: The arbitrator must disclose any circumstances that might give rise to justifiable doubts about independence or impartiality
Disclosure obligations require arbitrators to reveal any facts that could reasonably cause a party to question impartiality, allowing parties to make informed decisions about accepting the arbitrator.
Question 6: What is a 'president' or 'presiding arbitrator' in a three-member tribunal?
- The most senior arbitrator by age
- The arbitrator elected by the other two to chair the tribunal and manage proceedings (Correct answer)
- The arbitrator with the casting vote in all decisions
- The party-appointed arbitrator for the claimant
Correct answer: The arbitrator elected by the other two to chair the tribunal and manage proceedings
The presiding arbitrator (or chair) is selected by the two co-arbitrators or by the institution to manage the proceedings, run hearings, and facilitate deliberations.
Arbitration Arbitrator Selection and Tribunal Formation 2
Under AAA/ICDR rules, what is the standard for disqualifying an arbitrator?