QUALITIES OF AN EFFICIENT ARBITRATOR.
Arbitration is one among the foremost commonly used alternative dispute resolution mechanisms which are being preferred over litigation. It involves the parties to a dispute submitting their issues to an impartial arbitrator, or a panel of arbitrators, to listen to and determine the matter. The arbitrator is chosen by way of agreement between the disputing parties. They could also be appointed by the parties or by the tribunal. The growing reach of this dispute resolution method also requires efficient arbitrators to timely settle the disputes with effectiveness. Arbitrators possess specialist skills which admit professional experience combined with the power to fairly and impartially hear a dispute then issue a legally binding award – the parties are bound by an arbitrator’s decision.
Qualities that make a good arbitrator are-
- Communication Skills- A good arbitrator is patient, understanding, flexible and an honest listener. At the hearing of the matter, an arbitrator must give all the parties an equal chance to be heard and completely present their grievances and their part of the case. Arbitration is merely effective when the arbitrator is patient.
- Flexible- A good arbitrator is formal yet flexible and doesn't burden the parties with unnecessary formalities. He also ensures that he notes the salient points the parties raise for determination and makes sure that he makes the parties comfortable enough to share their grievances.
- Adept- An arbitrator should have knowledge and expertise within the matters over which he presides. Eligibility is often judged either through academic qualifications or professional expertise in matters at issue, or previous arbitration experience. A decent arbitrator quickly and accurately grasps the problems of the case and applies his knowledge alongside proper rules and guidelines.
- Prudent- A good arbitrator takes all relevant factors to make his decision since it is final and may rarely be appealed in court. He must hear each side of the case before reaching any conclusion.
- Impartial- An arbitrator must not be biased towards any party and conduct the proceeding in an even-handed manner. The parties in dispute accept the arbitral award more readily when the conduct of the proceedings is within reasonable expectations and free from any partiality.
- Discreet- An arbitrator must keep the confidentiality of the dispute and may refrain from discussing the matter with anyone who is not involved in it unless the parties give consent for an equivalent.
Over the years, there has been a renewed appetite for arbitration, with the development and engineering sector embracing it more openly, increasing its utilization going forward. And as long as smart counsels are coming up with new and more creative arguments to either advance a case or defeat it, there will be an increased requirement of experienced, honest and hard-working arbitrators who can determine commercial disputes and assist in the smooth working of the world of arbitration.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, or Religion, Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre Foundation shall not be responsible for any errors caused due to human error or otherwise.