International arbitration is often hailed for its efficiency, neutrality, and ability to resolve complex disputes across borders. At the heart of this process are arbitrators, entrusted with the critical role of ensuring justice is served. However, not all arbitrators uphold the high standards expected of them. Some exhibit traits that not only frustrate the parties involved but also undermine the credibility of arbitration itself. This article examines the characteristics of the worst arbitrators and their impact on the arbitration process, offering insights into how to avoid such pitfalls.

Impartiality: A Non-Negotiable Quality

One of the most fundamental traits of a good arbitrator is impartiality. Arbitrators who fail in this regard can cause significant harm to the process. A common issue arises when party-appointed arbitrators lean toward the party that selected them. This bias, whether explicit or subtle, can erode trust and compromise the tribunal's legitimacy.

Impartiality extends beyond avoiding overt favoritism. Arbitrators must also remain free from preconceived notions or biases about the subject matter. Personal or professional relationships with one of the parties or strongly held views on an issue can cloud judgment. When arbitrators lack neutrality, the arbitration process becomes a charade, with outcomes driven by partiality rather than merit.

Availability: A Commitment to the Process

An arbitrator who lacks time is another frequent source of frustration. Arbitration often involves tight deadlines, and parties expect arbitrators to be accessible for hearings, conferences, and procedural decisions. Unfortunately, some arbitrators overcommit, juggling multiple cases and delaying proceedings.

This lack of availability leads to missed deadlines, delayed hearings, and unresponsive communication, all of which undermine the efficiency that makes arbitration an attractive option. Worse, busy arbitrators may fail to thoroughly review submissions or address procedural issues promptly, causing unnecessary costs and frustrations.

Expertise: Matching Arbitrators to Disputes

Arbitrators are often chosen for their expertise in a specific area, yet mismatches occur. In technical disputes, such as those involving intellectual property or construction, a lack of subject-matter knowledge can significantly impact the process. Arbitrators unfamiliar with the legal framework or business context may struggle to grasp key issues, leading to inefficiencies and flawed decisions.

Selecting arbitrators with the right expertise is not just a preference—it is a necessity. Complex disputes demand arbitrators who can navigate technical details and understand industry-specific nuances, ensuring decisions are well-informed and credible.

Preparation: The Foundation of Competence

Few things are as disheartening as an unprepared arbitrator. Whether failing to read case files or relying on surface-level knowledge, such arbitrators undermine the confidence of the parties and damage the process's integrity. At its worst, unpreparedness manifests in outright disrespect, such as inattentiveness during hearings or reliance on counsel to do the heavy lifting.

Arbitrators must approach each case with diligence, demonstrating a thorough understanding of the facts, issues, and arguments. This preparation is critical for effective case management and informed decision-making.

Timeliness: Delivering Awards Without Delay

The final award is the culmination of the arbitration process, and delays in its issuance can be devastating. Parties invest significant time, resources, and effort, only to be left waiting for months—or even years—for a decision. Arbitrators who prolong the process, whether by keeping hearings open unnecessarily or requesting endless submissions, undermine the very purpose of arbitration.

Timeliness is not just about efficiency—it is about respect for the parties and their need for closure. Arbitrators must prioritize the swift resolution of disputes, balancing thoroughness with the necessity of delivering decisions promptly.

Award Writing: Clear, Reasoned, and Credible Decisions

A poorly written award is as damaging as a delayed one. Some arbitrators resort to copy-pasting submissions, producing lengthy documents that lack original analysis or reasoning. Such awards leave parties dissatisfied and can even lead to challenges in enforcement.

The best awards are concise yet comprehensive, providing clear reasoning for the tribunal's decisions. Arbitrators must go beyond summarizing arguments, offering well-founded explanations that leave no doubt about the basis for the outcome. Writing an award is not merely a procedural requirement—it is the arbitrator's ultimate responsibility.

Proactivity: Taking Charge of the Process

An arbitrator's role is not passive. Those who merely react to party requests or wait for issues to arise fail to manage the process effectively. Proactive arbitrators anticipate challenges, ask clarifying questions, and maintain momentum throughout the proceedings.

Proactivity is especially crucial in complex disputes, where delays and inefficiencies can escalate costs and frustrations. A proactive approach ensures that the arbitration process remains focused, efficient, and fair.

Conclusion: Upholding the Standards of Arbitration

The traits discussed in this article—impartiality, availability, expertise, preparation, timeliness, award writing, and proactivity—are the foundation of what makes a great arbitrator. When arbitrators fail in these areas, they not only frustrate the parties involved but also risk undermining the credibility and effectiveness of international arbitration as a whole. Arbitration thrives on the trust and confidence of its participants, and maintaining high standards is essential to preserving its status as a preferred method of dispute resolution.

Impartiality ensures fairness; availability reflects a commitment to the process; expertise brings informed decisions; preparation and proactivity keep the proceedings efficient and focused. Timely and well-reasoned awards, meanwhile, provide closure and assurance to the parties. Each of these qualities plays a critical role in ensuring that arbitration fulfills its promise of delivering justice efficiently and effectively.

However, the message is not merely about identifying problems—it is about learning from them and striving for excellence. For those embarking on the journey to become arbitrators, these points serve as a roadmap for building the skills and reputation needed to succeed. For parties and counsel, understanding these traits can help in selecting arbitrators who embody the qualities necessary for effective dispute resolution.

Finally, at Michael Lee Chambers, we are committed to fostering better practices and sharing insights through Consilium, our educational platform. With free access to comprehensive resources, including articles and videos, Consilium is designed to empower professionals in the field of arbitration with practical knowledge and guidance. Together, we can elevate the standards of international arbitration and ensure it continues to serve as a pillar of global justice.