Transparency in Arbitrator Selection

Professor Catherine A. Rogers, Paul and Marjorie Price Faculty Scholar and Professor of Ethics, Regulation & The Rule of Law at Penn State Law, and Director of the Institute for Ethics Regulation & The Rule of Law, Queen Mary, University of London, has written “Transparency in Arbitrator Selection,” Austrian Yearbook on International Arbitration, Forthcoming. In her scholarly essay, Professor Rogers discusses recent developments with regard to transparency in the context of arbitrator selection in international arbitral proceedings.

Here is the abstract:

Not so long ago, calling for greater transparency in arbitrator selection was akin to threatening to raze the gates of Rome and sack its inhabitants. Today, however, users and observers of international arbitration are insisting on something more concrete. This essay traces recent developments that demonstrate the international arbitration community’s commitment to responding to increased calls for transparency in arbitrator selection and appointments – from the HKIAC’s new feedback survey, to the Lisbon center’s new guidelines for arbitrator appointments, to the ICC’s decision to provide reasons for challenges, to the IBA’s proposal for a “name and shame” list of arbitrators who are pokey in producing final awards.

The essay also outlines a recently launched project – Arbitrator Intelligence (AI) – which is developing a meaningful technological respond to these calls for increased transparency and accountability in arbitrator selection. AI is working to collect information about arbitrators that has, to date, been treated as high proprietary and therefore only available to the largest repeat players. Ultimately, AI will make that information available from an electronically searchable database.

This and other research papers authored by Professor Rogers may be downloaded for free from the Social Science Research Network.

Photo credit: Jens Finke – fotografie grafik verlag via Foter.com / CC BY