Guidance and basic information
Looking for an arbitrator or mediator can be a difficult and cumbersome task however you need to ensure that you have explored all options.
To assist with your search and when making an approach to explore and/or appoint, are you aware of the questions that you will be asked, and do you have that information available?
Our FAQ checklist constructed as an online form can be found here.
A great deal of appointments are dictated by style, reputation and experience. However it can go a lot deeper than that and your client may have a more specific request.
Internal lists are helpful but are often out dated and not diverse. Colleague recommendations are always valued but may not be best suited for your type of dispute. Word of mouth, internet search, legal directories, a known name or even a reputable barristers’ chambers with a list of arbitrators are all alternatives that seem to be common by default, we provide another credible option.
The instruction could be to provide a list that must be diverse considering, age, race and gender or to have specific experience in a particular practice area, be a Queen’s Counsel or even an ex-Judge.
You also need to consider conflicts, independence, availability and in some cases – cost.
Furthermore, you need to contemplate language, jurisdiction base and/or focus, arbitral seat and if applicable, understanding of a certain set of institutional rules and their experience working with them.
Do you look for trigger words, i.e. specific practice area experience such as delay, disruption, prolongation and acceleration in construction and infrastructure disputes for example?
Cases often derive from or have a focus in various jurisdictions, have an element and/or interest in specific regions throughout Caribbean, Australia and Latin America for example. US and UK firms are often tasked with such disputes. Finding an arbitrator (or mediator) experienced in those regions, based in or have local knowledge, and familiarity with state or local laws is not always a straight forward task.
Most of these factors need to be covered or explored. This type of information is not always readily available on a CV and so perhaps some arbitrators and mediators are overlooked for a shortlist.
You need to make the right judgment call and provide a varied but suitable list for your colleagues, partners and clients.
The Int-Arb management team can assist and discuss these options with you.
Int Arb Management team – How we can help?
If we can recommend someone from our members list, we will – explaining their practice, style, availability and experience.
BUT we also have a wide network and knowledge of arbitrators and mediators in the market, and will assist in your search generally. There is no cost to this. We are another avenue to explore and will put you in contact with experienced individuals which saves you time. Our focus is to provide a bespoke and personable service.
If needed, we can talk through next steps and how the arbitral process works whether it be institutional or AdHoc and also provide guidance on likely fees and structure of the dispute.
Furthermore, our set and our members are supported by the facilities at the International Arbitration Centre (IAC). The IAC has been hosting semi-virtual/hybrid, and fully virtual hearings in order to seamlessly keep disputes moving during this time. All of our members are adept to the same platform.
Not only can we assist with your appointment search, we can support your hearing/mediation logistics. In addition, any member appointed receives complimentary access to the IAC Online platform for a mediation or hearing, lasting up to one day.
Please contact the management team, we would be delighted to have a conversation with you.
Int Arb Arbitrators and Mediators’ experience
Our expertise lies with investor state, corporate and commercial disputes particularly in aviation & aerospace, construction, engineering & infrastructure. Specialist areas include technology and telecommunications, banking, finance, M&A, shareholder and joint venture disputes as well as transport, shipping, IP, Insurance and re-insurance, energy and natural resources including mining, oil & gas.
Our arbitrator members are internationally recognised with experience in substantial disputes under all of the key institutional rules including ICC, ICDR-AAA, LCIA, ISCID, SIAC, DIAC, HKIAC, CAS, UNCITRAL, KCAB, WIPO and AdHoc in variety of seats in ranging from London, New York, Paris, Dubai, Singapore, Hong Kong and Geneva and in other regions across Middle-East, Asia, Australia, US, Canada, Europe, Latin America and Caribbean.
Languages include English, Spanish, French and German as well good working knowledge and varying degrees of Italian and Portuguese.
Our members conduct hearings internationally and across the globe, including Latin American, Asian and Australian regions. Although they are internationally based and travel is restricted, the use of semi-virtual/hybrid hearings and fully virtual hearings allow arbitrators and mediators to be considered, and are able to continue with disputes this way until the pandemic is over.
Each of our members are adept with virtual and semi-virtual hearings.