Arbitrator Selection and Appointment
For an arbitral process, it is of key importance to be both fair and efficient. The thing is that in all cases, it is simply necessary to choose arbitrators who possess expertise relevant to the dispute and are considered impartial and unbiased. Today, several factors are to be considered by a legal professional while opting for any particular arbitrator.
First of all, the expertise of the arbitrator is paramount. An arbitrator with specialized knowledge about the subject matter of the dispute will make more knowledgeable and accurate decisions.
The other issue will be the reputation of the arbitrator. If his history shows that he is a fair and competent man, then such a person will add weight to the credibility of the arbitral procedure.
The last one is of a practical nature: the availability of the arbitrator. Making sure that he has enough time to devote to the case may avoid useless delays. Most arbitration institutions have lists of qualified arbitrators, which makes the process of choosing an arbitrator very easy.
Alternatively, the parties are free to directly appoint arbitrators if they require more control in terms of choice.
Flexibility of Procedure
The process of arbitration offers great flexibility compared to the conventional flow of litigation. The legal experts could, in most cases, adjust how the process of arbitration would unfold depending on the needs of the parties.
The flexibility may manifest in several ways. For instance, the process may be streamlined, and this can be time and money-saving, either by restricting discovery or by providing written arguments instead of an oral hearing.
Customizable timelines allow the parties to agree on schedules that speed up the resolution process while giving each party adequate time to prepare. Less formal proceedings can dampen the adversarial nature of the process and make provisions for a cooperative procedure. This can be very beneficial when the parties are not well conversant with the legal processes.
Such procedural flexibility can enable attorneys to design an arbitration process that balances efficiency and thoroughness in a manner most conducive to their client’s interests.
Confidentiality can be Preserved
One of the most significant advantages of arbitration law is that it proceeds in confidence. Unlike a trial in court, which is usually public, arbitration allows the parties to resolve disputes in private. If necessary, attorneys should provide appropriate confidentiality provisions in the arbitration agreement to avoid the possible leakage of sensitive information.
In practice, confidentiality can be broadly construed to include almost all stages of the arbitral process. It usually assures that all arbitral proceedings, along with any documentation related to such proceedings, are considered confidential; no information likely to be disclosed shall leak to the public.
Further, confidentiality agreements can extend to the arbitration award itself, which is also not being publicly disclosed. In addition, confidentiality concerning the settlement discussions that may occur during arbitration proceedings also must be protected.
Sometimes, it is the mere fact of confidentiality that protects the reputation of parties and their business interests, and then the process of arbitration becomes quite an attractive option in sensitive disputes.
Arbitration Cost Containment
Even though, in most cases, the cost of arbitration is less compared to litigation, cost control remains paramount. Legal practitioners can do several things at their level to help manage the costs of arbitration.
Another means of controlling costs at the very outset would be to agree on reasonable fees with the arbitrators. Confining discovery only to the most relevant documents and information can also help keep away from time- and money–and money-intensive discovery procedures.
In this regard, the adoption of simplified procedures along with written submissions will help to lessen the expense of prolonged hearings. Effective cost management is thus an assured means of ascertaining that arbitral procedures keep on being efficient and economical.
Conclusion
Arbitration law offers a flexible, effective, and confidential alternative to litigation. To succeed in the arbitration process and secure good results for their clients, lawyers must familiarize themselves with the basic general principles and its main practices of the art.
What follows is a revised account of the function of legal experts in drafting clear arbitration agreements and in cost and time management of proceedings to ensure the preparation of enforceable awards.
These are insights that, taken into account, shall make arbitration a powerful tool in dispute resolution for legal practitioners. Caring to remain adept at arbitration will still be a quality worth having for any legal professional wanting to serve his client in the best possible way.