Arbitrator selection and appointment is one of the most critical and strategic stages in any arbitration proceeding. In both international and domestic arbitration, the outcome of a dispute often depends directly on who hears the case. Unlike the court system, where a judge is automatically assigned, arbitration offers parties the unique opportunity to participate in the formation of the tribunal. This right allows the dispute to be heard not just by a general lawyer, but by an expert in a specific field, whether it be construction, energy, maritime law, or international trade. In Georgia, where arbitration is becoming increasingly popular for resolving commercial disputes, selecting a competent and impartial arbitrator is vital for achieving a fair resolution.
Selecting an arbitrator does not mean finding a "biased" supporter; on the contrary, an arbitrator is obligated to be independent and impartial. An incorrectly selected candidate who has a conflict of interest or insufficient qualifications can become grounds for the annulment of the arbitral award. This service involves a complex process starting from the identification of potential candidates and ending with the final constitution of the tribunal. Specialists registered on Legal.ge offer full legal support in this process, which includes researching candidates' professional history, analyzing their experience in the specific industry, and assessing risks of conflicts of interest.
What does the Arbitrator Selection service cover?
- Candidate Identification and Analysis: Creating a list of potential arbitrators with appropriate qualifications based on the specifics of the dispute (e.g., FIDIC contracts, intellectual property, banking).
- Independence and Impartiality Checks: Detailed research into conflicts of interest, including analysis of past relationships, publications, and public speeches to rule out bias risks.
- Interviewing Potential Arbitrators: Conducting interviews with candidates in compliance with international standards (such as the IBA Guidelines) to determine their availability and general competence regarding the subject matter.
- Strategic Consultation on Appointment: Advising on what psychotype or legal approach in an arbitrator would be most effective for the client's specific position.
- Arbitrator Challenge Procedures: Scrutinizing the candidate appointed by the opposing party and, if grounds exist, preparing a challenge application.
- Selection of Tribunal Chair: Negotiating with the arbitrator appointed by the other party to agree on a third arbitrator (the presiding arbitrator).
Common scenarios requiring this service
The arbitrator selection service is particularly relevant during complex commercial disputes. For instance, when an international construction company has a dispute with an employer regarding delays in an infrastructure project, it is essential to have an arbitrator who understands engineering and technical nuances, not just dry law. Another common scenario involves shareholder disputes, where deep knowledge of corporate law and the ability to read financial statements are critical. Also, situations often arise where the opposing party appoints an arbitrator who has had past business dealings with them; in such cases, engaging a qualified lawyer is necessary to initiate challenge procedures. Additionally, disputes related to tariffs in the energy sector require an arbitrator familiar with specific regulations, whom a general lawyer might find difficult to locate.
Georgian Legal Framework
Procedures for arbitrator selection and appointment are regulated by the Law of Georgia on Arbitration, which is based on the UNCITRAL Model Law. The law establishes that parties are free to agree on the number of arbitrators and the procedure for their appointment. According to the law, an arbitrator must be independent and impartial, and a person approached in connection with a possible appointment is obliged to disclose any circumstances that may give rise to justifiable doubts as to their impartiality. Furthermore, the Civil Procedure Code of Georgia is significant as it regulates court intervention in arbitrator appointment or challenge matters if parties cannot agree. For international arbitration, the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is also relevant, requiring the composition of the arbitral tribunal to be in accordance with the agreement of the parties.
Step-by-step service process
The process begins with an analysis of the dispute substance and the arbitration agreement to define necessary qualifications (language, legal knowledge, industrial experience). The next step is compiling a "Long List" of potential candidates. The lawyer conducts detailed research to rule out conflicts of interest and prepares a "Short List." Following this, preliminary interviews are conducted with candidates (if rules permit) to confirm their availability. The final stage involves the official nomination of the arbitrator to the relevant institution or the other party. Concurrently, monitoring of the arbitrator appointed by the opposing party is conducted.
Why choose a specialist on Legal.ge?
Legal.ge gives you access to leading lawyers operating in Georgia who have years of experience participating in international and domestic arbitration proceedings. Specialists featured on the platform are familiar with the global and regional pool of arbitrators, knowing their reputations and decision-making styles. Selecting a qualified lawyer through Legal.ge increases your chances of constituting a competent tribunal, which is the foundation for a fair dispute resolution.
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