Arbitration Arbitrator Selection and Tribunal Formation 1

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

The IBA Guidelines provide a framework of disclosure obligations and standards for when an arbitrator should be disqualified due to conflicts of interest, using color-coded lists (Red, Orange, Green).

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

Independence means the arbitrator has no financial, professional, or personal relationship with a party that could compromise the arbitrator's ability to decide impartially.

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

Under UNCITRAL Rules, a challenge must be notified within 15 days of learning of the relevant circumstances, with a statement of reasons; the challenge is decided by agreement or an appointing authority.

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

Under AAA rules, parties receive a list of arbitrator candidates, strike unacceptable names, and rank the remaining candidates; AAA appoints from those mutually acceptable.

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

Even party-appointed arbitrators must be independent and impartial under international standards and most institutional rules; they are not advocates for the appointing party.

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration Arbitrator Selection and Tribunal Formation 1