Arbitration
Why Arbitration?
At WarehamAdreani, our aim is to resolve disputes on the best possible terms. Sometimes this can mean negotiating issues or attempting to resolve in less formal settings. Certain types of dispute are however, best decided by an Arbitrator. These might be issues which might be of high value, require a technical expert who is also legally educated, or where neither parties’ jurisdictional laws or judiciary are suitable to hear the dispute.
Arbitration is flexible to the needs of the parties, is confidential to those involved, is often faster and can be more cost effective than national courts.
An award which is handed down by an Arbitrator is binding and enforceable in most jurisdictions.
Parties are able to choose the applicable law, the seat, and the Arbitrator to hear their dispute. Procedural rules can follow those of an Institution, (UNCITRAL or Model Rules, PCA, WIPO or those specific to an arbitral body) or be Ad Hoc.
Choosing the Arbitrator
The choice of Arbitrator can be crucial to the success of the outcome. Choosing someone to act as an independent and impartial judge is important and warrants a strategic choice with consideration of a number of factors.
Knowledge of the Difference between Arbitration and Litigation
An effective Arbitrator should have a thorough understanding of the differences between arbitration and litigation. They must understand that the purpose of arbitration is speed and efficiency. Procedural orders should be clear and kept to a minimum. This will enable the arbitrator to guide the parties through the process with minimal disruption.
Expertise and Experience
Identifying the nature of the dispute and specific issues involved allows Counsel to determine whether the Arbitrator needs to have particular expertise. Choosing an Arbitrator with relevant experience ensures they understand the intricacies of the subject matter and a greater likelihood of a well-reasoned decision. Arbitrator's should be able to understand the law. A dual qualified Arbitrator who is as comfortable with the law as they are with the subject matter is a distinct advantage.
Decisive and Comfortable with Tough Decisions
A good arbitrator must be decisive and comfortable making tough decisions. Arbitration can involve difficult decisions. It is essential that your arbitrator is not one hesitant or indecisive. Characteristics, that can prolong the process, create uncertainty and add costs for the parties.
Reputation and Trustworthy
Inclusion on panels and specialist arbitral bodies ensure the arbitrator is qualified to an appropriate standard, has demonstrated skill in arbitration law, processes and technical skills. The Chartered Institute of Arbitrators and other such bodies list Fellows who meet their criteria.
Communication Skills and Availability
Arbitrators should be available throughout the entire journey of the case. They should be fluent in the language chosen by the parties and be able to converse confidently and appropriately.
Understanding Your Client’s Needs
The arbitrator should be attuned to the needs and concerns of your client. They must be empathetic to the parties, listen carefully to their positions, and take their interests into account when making a decision.