It is an honour and a privilege to be invited to write an article in honour of George Bermann’s 75th birthday.
Although, with much regret, I have never had the opportunity to work with George, I know many who have learnt from him as well as worked with him. It is fitting that this volume should be produced to mark such a distinguished career. George can view the international arbitration community, particularly in the United States, with pride as he has been such a large influence in so many careers. His contribution as a teacher and scholar is matched by his contribution as an arbitrator.
It would be remiss of me to attempt a scholarly exegesis in George’s honour, especially as George has been kind enough to request a highly readable, lightly footnoted article. Instead, I intend to bring together a few ideas I have floated in the past (some with little traction) together with a new idea or two. All these proposals are designed to improve the arbitral process and to reflect the criticism that has been voiced over the years.
I. APPOINTMENT OF THE TRIBUNAL
In an article published in the Journal of the Chartered Institute of Arbitrators in 2006, I attempted to address why in so many cases the parties do not get what I call “the dream team” for their arbitral Tribunal.