Transparency in Arbitrator Selection

Austrian Yearbook on International Arbitration, Forthcoming

Penn State Law Research Paper No. 16-2015

12 Pages Posted: 21 Dec 2015 Last revised: 29 Jan 2016

See all articles by Catherine A. Rogers

Catherine A. Rogers

Bocconi University - Department of Law; UC Law, San Francisco

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

Rogers, Catherine A., Transparency in Arbitrator Selection (November 19, 2015). Austrian Yearbook on International Arbitration, Forthcoming, Penn State Law Research Paper No. 16-2015, Available at SSRN: https://ssrn.com/abstract=2705878

Catherine A. Rogers (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen Building
20136 Milan
Italy
011 39 333 684 2267 (Phone)
011 39 02 5836 5202 (Fax)

UC Law, San Francisco ( email )

200 McAllister Street
San Francisco, CA 94102
United States

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