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CIArb publishes Guideline on the Interviewing of Prospective Arbitrators
May 2007 - The issue of the interviewing of prospective arbitrators has been a contentious one for many years and has remained very much a grey, even controversial, area. Consequently, the CIArb is pleased to announce the publication of its Guideline on the Interviewing of Prospective Arbitrators, which has been prepared following wide international consultation.
The Guideline is part of a set of such Guidelines covering arbitrators’ dealing with multi-party cases, jurisdictional issues, challenges in court, interest, costs, security for costs, setting of fees etc. The Guidelines were originally prepared to assist practitioners in the application of the UK’s Arbitration Act 1996 but have now been up-dated and internationalised to cover a representative selection of jurisdictions, both common and civil law and including Model Law jurisdictions. The emphasis is very practical (ie, “how to”) and identifies key areas where the arbitrators’ approach may differ from jurisdiction to jurisdiction, in particular highlighting ‘warning flags’.
The CIArb Committee which has prepared the Guideline is internationally-constituted and widely experienced and is now being assisted by a Working Group comprising young lawyers resident in or qualified in Argentina, Dubai, France, Germany, India, Lebanon, the PRC, Russia and Switzerland.
Commenting, Hew R Dundas, President of the CIArb, said: “It is essential that the interview process both be transparent and avoid ethical risks . By following a recognised Guideline , the risk of failure or challenge is significantly reduced and parties can exercise due autonomy in choosing their arbitrator and thereby maximise the benefit of arbitration for resolving their disputes.”
Commenting, Michael Forbes Smith, Director General of the CIArb said: “With such a breadth and depth of expertise available, the CIArb is ideally placed to lead the arbitral world in its capacity as a learned society. The Institute’s global resources and the fact that it provides the only internationally recognised academic and practical qualification for arbitrators means that it is effectively positioned to set standards that go beyond the constraints of individual jurisdictional boundaries.”
The complete set of Guidelines is available online free to CIArb members and is presently in preparation for publication in book form in due course. |
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