Originally from the Leading Arbitrators' Guide to International Arbitration - Fourth Edition

Preview Page

Congratulations! You have just been selected to chair a three-person arbitral tribunal in a significant international commercial arbitration case. There are a number of things you should think about, starting immediately.

I. READ THE ARBITRATION CLAUSE AND RULES

Ask to see the arbitration clause in the governing agreement if you have not seen the clause as part of the selection process. The clause may have been drafted by a committee and could include inconsistencies or surprising, and perhaps unrealistic, timing provisions. These will be candidates for prompt discussion with your co-arbitrators and with the counsel in the case.

This is also a good opportunity to review the arbitral rules to which the clause typically will refer. You may be familiar with those rules, but it is always useful to review them afresh in light of provisions in the arbitration clause that might modify or be inconsistent with the rules.

II. SETTING THE RIGHT TONE

You are now poised at the pinnacle of your ability to secure cooperation, both from counsel for the arbitrating parties and from your wing arbitrators whom they have appointed. All typically have an incentive to establish a cordial working relationship and agree on procedures for launching the arbitration, and all are interested in forming a favorable impression on you, who are potentially the most important decision maker in their case. You can show your own interest in encouraging consensus to the maximum extent possible.