information asymmetry

Appointment of arbitrators, Efficiency, International arbitration, New York Convention, Suggestions to improve transparency and access to usable data, Transparency in investment arbitrations

(Arbitrator Intelligence)/ /2 Comments
Arbitrator Intelligence

On this blog, I have previously (here and here) questioned existing practices for how arbitrators are selected and argued that a new approach is both necessary and long overdue. To briefly recap those previous posts, the selection of arbitrators is one of the most sensitive and critical moments in an arbitration. Arbitrators not only decide…

Appointment of arbitrators, Efficiency, International arbitration, Suggestions to improve transparency and access to usable data

(Arbitrator Intelligence)/ /9 Comments
Arbitrator Intelligence

In a recent post, here, I argued that the time has come to move on from the gumshoe clue-hunting approach currently employed to select international arbitrators. Existing practices are severely outdated and unduly expensive in an era of information and technological efficiency. The process for selecting arbitrators, I argued, should be more transparent and key…

Appointment of arbitrators, Arbitrators, Efficiency, International arbitration, Suggestions to improve transparency and access to usable data

(Arbitrator Intelligence)/ /2 Comments
Arbitrator Intelligence

As Rusty Park remarked, “[I]n real estate the three key elements are ‘location, location, location,’ … in arbitration the applicable trinity is ‘arbitrator, arbitrator, arbitrator.”’ Empirical studies consistently verify that parties’ ability to select arbitrators is one of the primary reasons they select arbitration as a means of dispute resolution. Parties also consistently vote with…