Over the last 7 years BLP’s International Arbitration Group has conducted a number of surveys to obtain the views of users of international arbitration on issues affecting the arbitration process. Last year’s survey considered the issue of gender and ethnic diversity on tribunals (see: Diversity on arbitral tribunals—the BLP International Arbitration Survey 2016). This year’s topic is the unilateral appointment of arbitrators.
Should the system of party-appointed arbitrators be abolished and replaced with a system under which the supervising institution, or other body involved with making tribunal appointments, appoints all members of the tribunal? The replacement of party appointments with unilateral appointment arrangements has been mooted as a means of widening the pool of arbitrators and encouraging diversity, but the topic also raises countless questions to which there is no clear or obvious answer.
The survey seeks to canvas views across the arbitration community on some of these issues.
Many of the questions found in the survey are directed at the potential advantages/disadvantages associated with party appointments, which will be relevant to many arbitration practitioners.
Some questions also concern the role of arbitral institutions in making tribunal appointments. It is worth noting that while expressed as relating to institutional appointments, some of the questions are also relevant to circumstances where other bodies apart from arbitral institutions are involved in the appointment of tribunals.
All responses will be treated by BLP as confidential. A report and editorial on the results of the survey will be circulated by BLP.
Access the survey here.