Transparency in Arbitrator Selection
Austrian Yearbook on International Arbitration, Forthcoming
12 Pages Posted: 21 Dec 2015 Last revised: 29 Jan 2016
Date Written: November 19, 2015
Abstract
Not so long ago, calling for greater transparency in arbitrator selection was akin to threatening to raze the gates of Rome and sack its inhabitants. Today, however, users and observers of international arbitration are insisting on something more concrete. This essay traces recent developments that demonstrate the international arbitration community’s commitment to responding to increased calls for transparency in arbitrator selection and appointments – from the HKIAC's new feedback survey, to the Lisbon center's new guidelines for arbitrator appointments, to the ICC's decision to provide reasons for challenges, to the IBA's proposal for a "name and shame" list of arbitrators who are pokey in producing final awards.
The essay also outlines a recently launched project – Arbitrator Intelligence (AI) – which is developing a meaningful technological respond to these calls for increased transparency and accountability in arbitrator selection. AI is working to collect information about arbitrators that has, to date, been treated as high proprietary and therefore only available to the largest repeat players. Ultimately, AI will make that information available from an electronically searchable database.
Keywords: International arbitration, arbitrator, transparency, accountability, ethics, big data, feedback, information management
JEL Classification: K2, K33, K40
Suggested Citation: Suggested Citation