Arbitration is a dispute resolution process where impartial third-party arbitrators decide the matter. The composition of an arbitration panel and the manner of selection depends on the parties and the dispute. If not bound by a contractual arbitration clause, parties can voluntarily agree to select an arbitration panel. The forum where the arbitration will be held usually provides a list of arbitrators for selection. Arbitrators must disclose any conflicts of interest. The arbitration panel can consist of three or five members, with the presiding officer maintaining order and resolving procedural issues.
Arbitration is an alternative dispute resolution process in which the parties to a dispute agree to have the matter decided by impartial third-party arbitrators. An arbitration panel refers to all appointed arbitrators, collectively in their quasi-judicial capacity, who have been appointed to hear the matter and render a decision. The composition of an arbitration panel and the manner in which panel members are selected will typically depend on the parties, the nature of the dispute, and whether one or both parties have been compelled to arbitrate the dispute due to a binding provision in a commercial or consumer contract.
If the parties are not bound by the terms of a contractual arbitration clause, they are free to voluntarily agree to mutually select an arbitration panel to hear their case. Often an arbitration clause in a contract will state that the arbitration will be conducted in accordance with the rules of a particular industry or non-profit forum. In the absence of a contractual provision designating a particular forum, some arbitration clauses will explicitly establish how the arbitration panel will be selected.
In most cases, the forum where the arbitration will be held provides the parties with a list of arbitrators from which they can select a full panel. In other cases, the forum will select the members of the jury, subject to any disputes by one of the parties for just cause, or if permitted, on a peremptory basis. If the parties cannot agree on the composition of an arbitration panel, the forum will normally nominate the panel or the remaining members for the parties.
In order to preserve the integrity and impartiality of the arbitration process, arbitrators who are believed to be panel members are ethically required to disclose any existing or potential conflicts of interest to the parties. This obligation continues if further conflicts emerge during the hearing. Most reputable forums require judges on their roster to provide detailed information about their professional background and experience.
For some arbitrable disputes, forum rules may provide for an expedited process for the parties, whereby the dispute is resolved by a single arbitrator. Most arbitrations are conducted before a panel of three, and sometimes five, arbitrators. The particular rules of the designated forum will usually determine whether the arbitration panel will consist of three or five members.
Many forums will select one of the appointed arbitrators to serve as chair. The presiding officer’s duties include maintaining order and decorum during the proceeding, maintaining a list of all documents presented in evidence, and adjudicating objections and any other procedural issues raised by a party during the hearing. A chair will typically also resolve any pre-hearing issues that may arise.
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