New York, April 23, 2018 – 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
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Policy on Funding Moot Competition Teams
Each year ArbitralWomen provides support to a number of Teams who participate in dispute resolution competitions, such as the Vis or Vis East International Arbitration Moot by covering their registration fee.
Following are the conditions for the funding:
Any qualified team requesting financial assistance must complete an application form providing details of the teams, resources, and the reason for the requested assistance. The application form is available on the website, and may be amended from time to time as the Board deems appropriate.
The Board, through its Moot Bursary Committee, shall consider all applications received and decide which team(s) shall be supported through payment of its(their) registration fee to compete. In general, teams selected will be from different countries. Applications filed after the deadline will be disregarded.
Criteria of selection:
The team must reflect ArbitralWomen's mission of promoting the participation of women in dispute resolution, i.e. at least half of the members of a team must be women.
The team must demonstrate the need for financial assistance.
Priority will be given to teams:
who have not previously participated, and whose school has not previously participated;
who have no support from their universities or no coach;
who come from developing countries or jurisdictions which, in the sole discretion of the Board, are in the greatest need of support for the advancement of women in dispute resolution;
of smaller number of students composing the team (for example 4 students as opposed to 8).
An all-female team may be awarded the ArbitralWomen President’s Bursary if the other requirements are met.
Nothing in this Policy prevents a team, which has already received funding in one year, from applying in future years. The Board shall treat each application on its merits and in relation to other applications received for that particular year.
The Board shall effect payment to the final payee rather than directly to the team. In the event the team for any reason cannot participate, the Board at its sole option may request a refund from the organizing authority, may request the organizing authority to apply the funds to assist another team in that year, or may request that the funds be used to pay for another team in the following year.
Funding will, in the first instance, be sought from external sponsors, who shall be identified and introduced to the sponsored team(s). Further funding by ArbitralWomen itself in any given year will be contingent upon the existence and maintenance of sufficient funds in the account of ArbitralWomen. Each year, the Board will decide the number of awards to be given in that year. Nothing in this Policy obliges the Board to provide funding in any given year.
Although the ArbitralWomen Moot Bursaries are limited to payment of the registration fee, as mentioned above, there is nothing to prevent the chosen sponsors from providing additional assistance to the teams assigned as their "fundee", but any such arrangement will be made directly between the sponsor and the applicable team.
