arbitrators

An arbitrator is a neutral person selected to decide a dispute under an arbitration agreement rather than in court. The arbitrator's decision, rendered as an arbitral award, is typically final and binding on the parties, with limited grounds for challenge depending on the governing rules and law.

Arbitrators can be appointed by agreement of the parties, or by an appointing authority in institutional or ad hoc arbitration. They may serve as a sole arbitrator or as a member of a panel. If the parties cannot agree, appointing authorities such as the ICC Court of Arbitration, LCIA Court, or national courts may fill vacancies or appoint the panel.

Candidates usually come from legal practice, judiciary, or academia and bring specific subject-matter expertise. A core requirement is independence and impartiality; conflicts of interest must be disclosed. Arbitration codes and guidelines, such as the IBA Guidelines, govern ethics and disclosure, and parties can challenge a sitting arbitrator for lack of independence or serious procedural breaches.

During proceedings, arbitrators manage hearings, assess evidence, determine admissibility of claims and defenses, and issue procedural orders. They interpret the underlying contract, apply governing law, and render a final award, which can be partial or complete, and may include instructions on costs, interest, and remedies.

Arbitral awards are typically enforceable internationally under the New York Convention, subject to limited grounds for set-aside or annulment in some jurisdictions. Arbitration offers advantages of confidentiality, expertise, and flexible procedures, but can involve substantial costs and limited discovery or recourse to appellate review.

Arbitrators operate within the framework of institutional rules or ad hoc arrangements and must preserve due process and neutrality throughout the process.