Originally from The Law and Practice of International Arbitration: Essays in Honor of John Fellas – Preview Page

INTRODUCTION 

This essay is presented as a contribution to a distinguished collective volume honoring John Fellas, an acclaimed independent arbitrator whose profound influence and over three decades of experience have significantly shaped the field of international dispute resolution. With a career spanning roles as counsel, co-arbitrator, chair, and sole arbitrator across major arbitration rules and diverse sectors worldwide, Professor Fellas is consistently recognized by leading legal directories, including Chambers USA and Who’s Who Legal, for his phenomenal reputation, exceptional judgment, and thought leadership in international arbitration. His distinguished trajectory exemplifies the critical importance of judicious arbitrator selection, a cornerstone of effective dispute resolution that his practice has long upheld. In this spirit, this essay examines the cognitive aspects influencing arbitrator selection. 

Arbitration is widely recognized as an effective means of conflict resolution, especially in complex commercial disputes. One of the most distinctive elements of this method is the possibility for parties to choose the arbitrators who will decide the conflict. This choice, seemingly technical and rational, is, in practice, influenced by a series of subjective factors that transcend the objective criteria traditionally assumed to be true, such as technical specialization, reputation, expertise, and experience. These factors exist, but they are nuanced by other elements that affect human decision-making.