Arbitration Arbitrator Selection and Tribunal Formation 2

Question 1

Under AAA/ICDR rules, what is the standard for disqualifying an arbitrator?

Accepted Answer

Evident partiality or lack of independence demonstrated by specific facts

Answer

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?

Accepted Answer

A tribunal with fewer arbitrators than agreed due to death, resignation, or removal of an arbitrator

Answer

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?

Accepted Answer

The three arbitrators discuss the case in private, reaching a decision by majority vote

Answer

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?

Accepted Answer

A written statement by a minority arbitrator explaining disagreement with the majority's decision

Answer

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?

Accepted Answer

The arbitrator must disclose any circumstances that might give rise to justifiable doubts about independence or impartiality

Answer

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.

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration Arbitrator Selection and Tribunal Formation 2