Experience in choosing arbitrators for businesses

August 15, 2024

1. Factors to consider when choosing an arbitrator

When selecting an arbitrator, it is important to carefully consider the relevant factors to ensure that they can carry out their duties fairly, effectively and in accordance with the requirements of the parties. related parties. Here is a closer look at the factors to consider when choosing an arbitrator:

Experience and Expertise:

Experience is a core factor in selecting an arbitrator. Arbitrators should have extensive knowledge of the specific field in which they will perform their duties. This includes not only an understanding of relevant laws and regulations, but also practical experience in resolving similar disputes. This understanding enables the arbitrator to make decisions based on accurate and comprehensive knowledge, while also being able to identify and analyze complex issues that may arise during the course of a dispute.

Ethics and Honesty:

Arbitrators must have high professional ethics and unquestionable integrity. They must maintain objectivity and fairness in all situations. This means they must not be influenced by any external factors, including personal relationships, finances or pressure from stakeholders. Honesty and ethics will help ensure that the arbitrator’s decisions are accepted and respected by all parties involved, and help maintain confidence in the arbitration process.

Understanding of the Arbitration Process:

Arbitrators need to clearly understand the process and regulations related to arbitration to perform their duties accurately and effectively. This includes understanding the steps in the arbitration process, the rights and obligations of the parties involved, and the specific rules of the arbitration institution if any.

Ability to Work with Stakeholders:

Arbitrators need to be able to work effectively with stakeholders, including attorneys, disputants, and other parties involved in the arbitration process. Good interoperability and cooperation help ensure that the arbitration process runs smoothly and efficiently.

Communication Skills:

Communication skills are an important element in an arbitrator’s job. They need to be able to listen to and understand the arguments and evidence from the disputing parties. The ability to explain decisions in a clear and understandable manner is also essential so that parties can understand the reasoning behind the arbitrator’s decisions. In addition, good communication skills also help arbitrators maintain a positive and effective working environment throughout the dispute process.

Ability to Analyze and Evaluate:

Arbitrators need to be able to analyze and evaluate situations deeply and accurately. This requires them to be able to evaluate evidence, understand legal arguments and make decisions based on careful analysis of all relevant factors. Objective analysis and evaluation help ensure that the arbitrator’s decision is reasonable and fair.

Patience and Conflict Resolution Ability:

The ability to resolve conflicts and patience are important qualities an arbitrator should have. In many cases, disputes can be protracted and tensions can arise between the parties involved. Arbitrators need to be able to handle difficult situations calmly and patiently, while maintaining gentleness and fairness throughout the dispute resolution process.

Ability to Work Under Pressure:

Arbitrators’ decisions sometimes have to be made under high pressure conditions. They need to be able to work effectively even in the face of stress and pressure from stakeholders or external factors. The ability to manage pressure helps arbitrators maintain focus and make accurate decisions, regardless of difficult circumstances.

Independence and Objectivity:

Independence and objectivity are important to ensure that the arbitrator is not influenced by external factors or parties involved in the dispute. They must maintain independence in all situations and ensure that their decisions are made based on objective factors and applicable legal regulations.

In summary, selecting an arbitrator is an important decision and should be made based on many different factors. A suitable arbitrator will contribute significantly to resolving disputes fairly, effectively and reliably.

2. Rights and obligations of arbitrators

2.1. Powers of Arbitrator

Arbitrators have many important rights under the provisions of the Commercial Arbitration Law 2010, helping them carry out their task of resolving disputes effectively and fairly.

First of all, the arbitrator has the right to accept or refuse to resolve the dispute. This power allows the arbitrator to evaluate and decide whether he or she has the necessary capacity, time and independence to handle the case.

During the dispute resolution process, the arbitrator is guaranteed independence and has the right to refuse to provide information related to the dispute. The arbitrator has the authority to verify the facts through meetings or discussions with the disputing parties to clarify relevant issues, in the presence of the other party. The arbitrator may also himself or at the request of the parties find out the facts from a third person, after notifying the parties.

To protect evidence, preserve the condition of property to avoid causing irreparable damage or ensure enforcement of judgment, the arbitrator has the authority to apply temporary emergency measures. At the request of a party, they can apply measures such as prohibiting changes in the current state of the disputed property, distrainting assets, requiring preservation or storage of assets, prohibiting the transfer of property rights, etc.

However, they must refuse if a party has previously asked the Court for interim measures. In addition, the arbitrator has the right to change, supplement or cancel temporary emergency measures upon request of a party.

The arbitrator also has the authority to correct, explain the award or issue additional awards. Within 30 days from the date of issuance of the ruling, they can proactively correct obvious errors in spelling, data due to confusion or miscalculation. They can also explain specific points or parts of the judgment at the request of a party.

Finally, the arbitrator is entitled to compensation. This fee is usually agreed upon in advance and reflects the complexity of the case, the time and effort expended, as well as the experience and reputation of the arbitrator.

Legal basis: Article 21, Article 45, Article 49, Article 51 and Article 63 of the 2010 Commercial Arbitration Law.

2.2. Obligations of Arbitrators

Arbitrators’ obligations play an important role in ensuring a fair, effective and professional dispute resolution process. According to the provisions of Article 21 of the Commercial Arbitration Law, arbitrators have the following obligations:

First of all, the arbitrator must keep the content of the dispute he or she is resolving absolutely confidential, protecting the privacy and interests of the parties involved. However, they are obliged to provide information to competent state agencies when requested according to law.

In addition, the arbitrator must ensure the resolution of disputes impartially, without favoring any party, and maintain objectivity and independence throughout the trial process. They are also responsible for handling the case quickly and promptly, helping to save time and costs for the parties, while ensuring that justice is served promptly.

Finally, arbitrators must strictly adhere to professional ethics, including maintaining integrity, honesty, and respect for the law and relevant parties.

Full implementation of these obligations not only ensures the fairness and effectiveness of the dispute resolution process, but also contributes to building community trust in the arbitration system, promoting its use. arbitration as an effective method of dispute resolution, and ultimately contributes to the development of a healthy and stable business environment.

3. Experience and reputation of the arbitrator

Experience and reputation are two important factors when choosing an arbitrator, because they directly affect the ability to perform their duties and the quality of the arbitration process. Below is a detailed analysis of the importance of an arbitrator’s experience and reputation

3.1. Experience of Arbitrators

Extensive and specific knowledge:

Experience helps arbitrators have extensive knowledge of the field or industry related to the dispute. When arbitrators have experience in a specific field, they are able to clearly understand the issues, regulations and related factors, thereby making accurate and reasonable decisions. For example, an arbitrator with experience in the construction field will have an advantage in resolving disputes related to construction contracts or construction quality.

Handling complex situations:

Experience helps arbitrators develop the ability to handle complex situations and issues that arise during the arbitration process. They may have faced many different types of disputes and therefore have the skills and strategies to resolve the issues effectively.

Skills and methods

Experienced arbitrators often have better dispute resolution skills and methods. They know how to gather and evaluate evidence, listen to stakeholders, and make decisions based on legal rules and principles.

Fairness and Objectivity:

Experience helps arbitrators maintain fairness and objectivity, especially when they have experienced many different situations and conflicts. They learn how to weigh all factors fairly and make unbiased decisions.

3.2. Reputation of Arbitrators

Trust and respect

The arbitrator’s reputation creates trust and respect from stakeholders and the legal community. A highly reputable arbitrator is often appreciated for his fairness, accuracy of decision, and ability to maintain integrity throughout the arbitration process.

– Ability to influence and persuade

Reputable arbitrators are often able to persuade disputing parties to accept their decision. This reputation comes from the fact that they have demonstrated competence and fairness in many previous cases. This helps reduce tension and conflicts during the dispute process.

Reputation in the legal community

An arbitrator’s reputation is often reflected in his or her reputation in the legal community. A highly reputable arbitrator is usually someone who has many outstanding achievements and is recognized by legal organizations and experts in the field.

Confidence and determination

The decision of a reputable arbitrator is often more appreciated and trusted by relevant parties and legal organizations. This helps ensure that arbitrators’ decisions are respected and implemented effectively.

Experience and reputation not only help arbitrators perform their duties effectively but also contribute to the fairness and accuracy of the entire arbitration process. An arbitrator with both experience and reputation will provide greater assurance regarding the quality of the decision and the ability to resolve the dispute to the satisfaction of the parties involved.

In short, when selecting arbitrators, it is very important to carefully consider their experience and reputation. These factors help ensure that the arbitrator is able to perform his duties fairly, accurately and effectively.

4. How to find the right arbitrator

When looking for a suitable arbitrator, there are a number of important steps businesses need to take to ensure they choose someone capable of resolving their dispute effectively and fairly.

First of all, businesses need to clearly identify their specific needs. This includes understanding the type of dispute you are facing, the industry involved, and your business’s unique requirements for an arbitrator. For example, if the dispute between businesses involves a construction contract, it is advisable to find an arbitrator with experience and expertise in the construction field.

Next, businesses can search through arbitration organizations. Many countries and regions have arbitral institutions or specialized bodies that provide lists of accredited arbitrators. These organizations often have standards and procedures to ensure the quality of arbitrators. Some notable organizations include the BigBoss International Commercial Arbitration Center (BBIAC), the International Center for Arbitration (LCIA), and the International Arbitration Association (ICA).

In addition, businesses can consult with lawyers or legal experts. These people often have experience working with multiple arbitrators and can refer business to candidates who fit your needs. They can also provide information about the reputation and capabilities of arbitrators that businesses are considering.

In addition, many professions have lists of arbitrators recognized by specialized associations or organizations. Businesses can refer to these lists to find arbitrators with expertise appropriate to their disputes.

Once a business has identified a number of potential candidates, it is important to evaluate their experience and reputation. Businesses should consider factors such as their experience in the area of litigation, their reputation and credibility in the legal community, and their past decisions. If necessary, consult with relevant parties or attorneys who have worked with that arbitrator to get a better overview.

Finally, holding meetings or interviews with potential arbitrators is an important step. During these meetings, businesses can present details of their dispute, hear feedback from arbitrators, and evaluate their suitability for the business’s needs. At the same time, this is also an opportunity to discuss service conditions and fees if necessary.

In short, finding a suitable arbitrator requires careful consideration and careful research. By taking the above steps, businesses can choose an arbitrator capable of resolving their disputes effectively and fairly.

5. How to resolve disputes with BigBoss International Commercial Arbitration Center

To resolve disputes by commercial arbitration at BBIAC. Customers can write in the contract one of the following two contents:

5.1. Model Arbitration Clause

In addition, the parties may add:

(a) the number of arbitrators is [one or three].

(b) the place of arbitration is [city and/or country].

(d) the arbitration language is [ ].** Note: *

Only applicable to disputes with foreign elements **

Only applies to disputes with foreign elements or disputes in which at least one party is a foreign-invested enterprise.

5.2. The Model Arbitration Clause applies to summary proceedings

“Any dispute arising out of or in connection with this contract shall be resolved by arbitration at the BIGBOSS International Commercial Arbitration Center (BBIAC) in accordance with its Rules of Arbitration. The parties agree that the arbitration proceedings will be conducted in accordance with the Summary Procedures set out in Article 37 of the BBIAC Arbitration Rules.”

In addition, the parties may add:

(a) the place of arbitration is [city and/or country].

(b) the law applicable to the contract is [ ].*

Note:

* Only applies to disputes with foreign elements

** Only applies to disputes with foreign elements or disputes where at least one party is a foreign-invested enterprise