Arbitration Arbitrator Selection and Tribunal Formation

Question 1

What is the IBA Guidelines on Conflicts of Interest in International Arbitration designed to address?

Accepted Answer

Standards for arbitrator disclosure and disqualification based on potential conflicts of interest

Answer

Fees charged by arbitrators in international cases

Answer

Procedures for challenging institutional decisions on arbitrator appointments

Answer

Confidentiality obligations of arbitrators after proceedings end

Question 2

What does it mean for an arbitrator to be 'independent' in the context of arbitration?

Accepted Answer

There is no relationship between the arbitrator and the parties that could affect the arbitrator's impartiality

Answer

The arbitrator has no prior legal experience with either party

Answer

The arbitrator is not affiliated with any arbitral institution

Answer

The arbitrator is self-employed rather than part of a law firm

Question 3

What is the process for challenging an arbitrator under UNCITRAL Rules?

Accepted Answer

A challenge must be made within 15 days of becoming aware of circumstances justifying the challenge

Answer

A party may challenge at any time, even after the award is issued

Answer

Challenges are decided by a domestic court only

Answer

An arbitrator can only be challenged once per case

Question 4

What does a 'sole arbitrator' appointment process typically involve under AAA rules?

Accepted Answer

Parties exchange lists of arbitrator candidates and rank them; AAA appoints based on mutual acceptability

Answer

AAA always appoints the sole arbitrator without party input

Answer

The claimant selects the sole arbitrator unilaterally

Answer

The sole arbitrator is always a retired federal judge

Question 5

What is a 'party-appointed arbitrator' and what obligations does that arbitrator have?

Accepted Answer

A party-appointed arbitrator is appointed by a party but must still be independent and impartial

Answer

A party-appointed arbitrator is an advocate for the appointing party with no neutrality requirement

Answer

Party-appointed arbitrators are only used in labor arbitration

Answer

A party-appointed arbitrator votes last to break ties

Question 6

What is the role of an 'appointing authority' in ad hoc international arbitration?

Accepted Answer

To appoint arbitrators when parties cannot agree or a party fails to nominate, ensuring the tribunal is constituted

Answer

To enforce the arbitral award in domestic courts

Answer

To review the merits of an award before it becomes final

Answer

To establish the seat of arbitration if the parties fail to do so