When business disputes arise, arbitration is one of the alternative dispute resolution (ADR) methods that can help you resolve matters without involving the court. Arbitration involves the disputing parties submitting their conflict to an arbitrator. Arbitrators listen to both sides of the story and then render a binding decision on the matter. With arbitration, disputing parties have the freedom to choose their arbitrator. This is usually seen as a huge advantage of arbitration. Selecting an arbitrator for your business dispute is a critical decision that can significantly affect the outcome of the arbitration process. In other words, the arbitration process is only as good as the arbitrator. Below, we share some of the factors to consider when choosing an arbitrator for your business dispute.
One of the most crucial considerations is the arbitrator’s experience and expertise. You need to choose an arbitrator with experience and expertise in the subject matter of your dispute. For example, if you are dealing with an intellectual property dispute, you should choose an arbitrator with a deep understanding of intellectual property law. Look for an arbitrator with a track record of handling similar disputes. Such an individual is likely to make a more informed decision.
To ensure the integrity of the arbitration process, the arbitrator must be impartial or neutral. An arbitrator must be impartial to ensure a fair and just resolution of the dispute. Impartiality ensures the arbitrator makes decisions based solely on the facts and merits of the case without bias or favoritism. Ensure the arbitrator has no conflict of interest that could lead to bias. For example, the arbitrator should not have any connection to the other party.
When vetting candidates, inquire about their caseloads. Determine whether the arbitrator can devote enough time and attention to your case. Choose someone whose schedule allows them to devote enough time and attention to your case. Selecting an arbitrator with a heavy caseload can lead to scheduling conflicts, which can, in turn, delay proceedings and prolong the arbitration process. However, if time permits, a busy schedule should not be a concern if you need specific legal or professional expertise. In such a case, it is best to choose the arbitrator with the necessary legal or professional expertise, even if they have a busy schedule, rather than someone who can help you resolve your dispute faster.
Before choosing an arbitrator, consider their reputation. Research the arbitrator’s professional standing through testimonials and reviews. Feedback from previous clients can tell you a lot about an arbitrator. Look for someone with a good reputation for, among other things, effective communication, fairness, diligence, and effective decision-making.
Finally, it is crucial to consider the arbitrator’s personality. The arbitrator’s personality can significantly influence the arbitration process and its outcome. Generally, an arbitrator should be calm and composed. They should have strong communication and listening skills. Also, an arbitrator should be open-minded and flexible.
If you are dealing with a business dispute and need legal help, contact our qualified Silicon Valley business attorneys at SAC Attorneys LLP.