City Bar Releases Guide to Arbitrator Appointment Procedures

The New York City Bar Association’s Arbitration Committee has released a report describing arbitrator appointment procedures of various arbitral institutions in commercial arbitrations. 

The Report – “Arbitrator Appointment Procedures of Arbitral Institutions in Commercial Arbitrations” – provides guidance on arbitrator appointment options that may not be readily apparent from the institutions’ arbitration rules and websites.

The arbitral institutions discussed in the Report are the American Arbitration Association (AAA) and its international arm, International Centre for Dispute Resolution ICDR); the International Court of Arbitration of the International Chamber of Commerce (ICC); the International Institute for Conflict Prevention and Resolution (CPR); JAMS; and the London Court of International Arbitration (LCIA). The report is designed to be user-friendly so that corporate in-house and outside litigation counsel can quickly learn about the arbitrator appointment procedures of various arbitral institutions with respect to commercial arbitrations.

The information collected in the Report is the result of extensive research based on publicly available data, user experience, and interviews with representatives of the institutions. The institutions discussed were provided an opportunity to review and provide feedback on a draft of the section describing the practices of that institution.

Each section of the Report provides an overview of the arbitral institution and the institution’s approach to the selection of both party-nominated arbitrators and institutional appointments. The Report also discusses the role of the institution as an appointing authority, in the appointment of emergency arbitrators, and in special situations such as multi-party arbitration, consolidated arbitration, arbitrations involving state entities, and small claims in expedited arbitration. The Report also discusses the institution’s approach to arbitrator challenges and replacement of arbitrators. Where applicable, the Report discusses the institution’s arbitrator list services.

The report can be read and downloaded here.

About the Association
The New York City Bar Association, since its founding in 1870, has been dedicated to maintaining the high ethical standards of the legal profession, promoting reform of the law and access to justice, and providing service to the profession and the public. The Association, through its 24,000 members, continues to work for political, legal and social reform, while implementing innovative means to help the disadvantaged. Protecting the public’s welfare remains one of the Association’s highest priorities.  www.nycbar.org