Four Factors To Consider When Choosing An Arbitration Lawyer
Posted: Oct 18, 2020
An essential difference between arbitration and proceedings is that the parties to the arbitration participate in the court's choice.
This is generally considered an important advantage of arbitration. The parties may propose to the candidate to act as the sole arbitrator. Alternatively, in a three-person court, each party may appoint one arbitrator.
The choice of the arbitrator can be one of the most important decisions made by the parties. Finding a court that can understand the matter is important, as there are few remedies for arbitral awards and no right to sue. Also, because arbitration takes place without strict procedural rules, the role of the LegalCook arbitrator not only makes a compelling ruling but also ensures that the process is fast, fair, and cost-effective.
Most institutional rules do not provide much guidance on the qualifications and skills required to be an effective referee, except that the lawyer must be independent and impartial. Here are some points to be noted:
1. Select an arbitrator with a manageable number of cases
Ask if the arbitration lawyers in Bangalore can pay sufficient time and attention to the parties' disputes. The program will appoint an arbitrator to allow the case to be heard.
It is a well-known fact that LegalCook reputable arbitrators are highly sought after, and their caseloads can be significant. They may have booked in the journal months in advance. Choosing an arbitrator in a number of cases can lead to schedule conflicts, delays in proceedings, and can affect the parties' right to prompt resolution. Therefore, it is recommended that the ability of the arbitrator to undertake the proceedings be considered first.
2. Select an arbitrator with the required legal and professional experience
An important advantage of participating in the selection process is the ability to select experienced decision-makers that reflect the nature of the conflict. For example, in certain disputes, engineering background or experience in the different industries is used to achieve successful results and avoid wasting time explaining basic industry concepts and standards. It can be essential.
3. Take into account the nationality of the arbitrator
For arbitrations of different nationalities, the arbitration body is usually a single arbitrator or court chair. Of course, the parties can agree in other ways in writing. The rationale for this rule is to avoid actual or perceived bias in the procedure.
In three courts, arbitration lawyers in bangalore appointed by a party may have the same nationality as one party. It is often wise to choose an arbitrator of the same nationality. This is because at least one member of the court has a good understanding of the culture, business practices, and customs of the party's country of origin.
4. Select an arbitrator with strong management skillsThe lack of strict procedural rules can lead to a fast and efficient arbitration process in line with the immediate dispute. This flexibility in the process is one of the main benefits of mediation. However, if not properly managed, the lack of procedural rules can lead to protracted discrepancies between the parties, resulting in unnecessary delays and costs.
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