When it comes to selecting a provider for your dispute resolution process, there are several factors to consider. Firstly, you should think about the permutation of the process. A popular option is for each party to appoint an arbitrator and then have those arbitrators agree on a third party, preferably from the list of prohibited arbitrators. It is important to bear in mind that if the arbitrators appointed by the parties are not neutral, this could have an impact on the outcome of the process.
You should also consider the arbitration clause and what it entails. This includes the structure of the panel, permitted discovery, the discretion of the arbitrators, and whether there will be any method of appeal. It is important to ensure that all of these elements are in place before you make your selection. Finally, you should be aware that if an arbitrator appointed by a party is a partner in the firm of your opposing counsel, this could have an effect on the neutrality of the process. Therefore, it is important to take this into account when making your selection.
