In today’s globalized business environment, intricate commercial disputes often demand more than a conventional, one-size-fits-all approach. When parties find themselves navigating breach of contract, intellectual property disagreements, intricate trade partnerships, or cross-border ventures, the importance of selecting an arbitrator who understands both the legal and the commercial landscape cannot be overstated.
The Challenge of Traditional Lists:
Many parties turn first to institutional panels like those maintained by the American Arbitration Association (AAA) or the International Centre for Dispute Resolution (ICDR). While these organizations are reputable and longstanding, obtaining their curated list of arbitrators can be expensive and time-consuming. This added layer of cost may not be feasible—or even necessary—if you know what to look for in a neutral, and where to find them.
The Value of Independent Selection:
By nominating your own arbitrator outside of the standard lists, you gain access to a far broader pool of qualified professionals.
You can select a neutral who offers:
- Deep Sector Experience: If you’re handling a complex commercial matter—such as a technology licensing dispute or a specialized supply-chain issue—someone with niche industry knowledge can swiftly identify pivotal facts, saving you valuable time and legal fees.
- Proven Dispute Resolution Record: Over 30 years of experience in dispute resolution means not just knowledge of the law, but a track record of guiding high-stakes matters to fair conclusions.
- Impartiality and Integrity: A truly independent arbitrator has no stake in the institutional fee structure of major organizations, ensuring their approach is fully neutral and driven by the merits of the case.
- Global Perspective: In cross-border disputes, cultural nuances, varying legal systems, and multi-jurisdictional transactions come into play. An arbitrator well-versed in international commerce and accustomed to handling diverse parties from around the world can make a meaningful difference.
Leveraging Your Resources Online:
More and more legal professionals now search for neutrals online—through professional networks, LinkedIn profiles, industry association directories, and law firm websites. By carefully assessing available information (published articles, case summaries, testimonials, and professional credentials), you can find an arbitrator who meets stringent standards of expertise, efficiency, and impartiality.
The Bottom Line:
Selecting the right arbitrator is about cutting through noise, expense, and uncertainty. An experienced, neutral professional, independent of costly rosters, can streamline the dispute resolution process, provide a level playing field, and help deliver a result that all parties can trust. In our next post, we’ll explore exactly which qualities counsel should look for in an arbitrator—and how to vet your options thoroughly, both online and offline.
About the Arbitrator