An arbitrator plays a crucial role in resolving disputes fairly and efficiently. Their duty is not only to resolve disputes but to ensure that they act fairly, impartially, and professionally in doing so. By fulfilling these duties, they preserve the integrity of the arbitration process. Here are the key duties of an arbitrator:
1. Impartiality and Independence
An arbitrator must remain neutral and free from bias before and during the process. They should have no personal or financial interest in the dispute and must disclose any potential interests before accepting their appointment.
2. Ensuring a Fair and Just Process
Arbitrators must conduct the proceedings fairly. They must give both parties an equal opportunity to present their case, respond to evidence, and make arguments.
3. Applying the Relevant Laws and Rules
The arbitrator must use the legal rules agreed upon by both parties. This may be national laws, industry regulations, or institutional arbitration rules (e.g.UNCITRAL).
4. Managing the Arbitration Proceedings
Arbitrators are responsible for handling the entire process. They are to schedule hearings, set deadlines and handle procedural matters. Arbitrators need to make sure the process goes smoothly while keeping things organized and professional.
5. Evaluating Evidence and Arguments
An arbitrator must carefully review and analyze all submissions and arguments. Their decision should be based on the facts presented, legal principles, and the terms of the arbitration agreement.
6. Arbitral Award
At the end of the arbitration, the arbitrator must make a decision on the matter. This decision is called an arbitral award. It must be clear, detailed, and based on the evidence and laws.
7. Maintaining Confidentiality
Arbitration is typically a private process, and the arbitrator must keep it that way. They must keep everything about the proceedings, evidence, and final decision confidential, unless the law requires disclosure or both parties agree to it.
In conclusion, an arbitrator is key to ensuring fair and unbiased dispute resolution. By staying neutral, following ethical guidelines, and helping the process run smoothly, arbitrators help make arbitration trustworthy and effective. Their role is important for building confidence in alternative dispute resolution and promoting fairness and efficiency in legal and business disagreements.
