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Law Practice

Feb. 27, 2007

Selecting Arbitrators

Focus Column - By Richard Chernick - In the first part of a two-part series, an ADR heavyweight explains some of the issues in choosing a non-neutral arbitrator.

FOCUS COLUMN

By Richard Chernick
     
      The use of "non-neutral" arbitrators is a permitted practice in domestic arbitrations. Thus, a well-drafted arbitration clause clearly states whether party-appointed arbitrators on a tripartite arbitration panel will be neutral or non-neutral. This is important both because courts are obligated to enforce the selection process agreed on by the parties (see, e...

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