Originally from: AAA Handbook on Arbitration Practice

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The quality of an arbitration obviously depends on the fair-mindedness, experience and ability of the arbitrator or panel selected to hear the dispute. But is it sufficient for counsel to select arbitrators having such qualities? If the question were asked in the context of jury selection, the answer would clearly be “no.” Litigators go to famous lengths to select jurors who seem likely to view their case favorably. Why shouldn’t those who select arbitrators do the same?

Yet many attorneys seem to believe that, in arbitration, it is sufficient to select well-qualified arbitrators without regard to their potential responsiveness to the client’s case. I believe that following such an approach misses a crucial step in the process. In over 30 years as a commercial arbitrator I have seen many cases in which intelligent and fair-minded arbitrators hearing the same evidence have reached significantly different conclusions as to the appropriate award.

Identifying arbitrator candidates who are likely to be responsive to one’s case is a daunting task. However, with the Internet and ever-expanding databases, information from which to make such a judgment is greater than ever before.