Legal Business

The agony of choice

 MARKET VIEW – LITIGATION 

Bär & Karrer partners Daniel Hochstrasser and Nadja Jaisli Kull discuss the dos and don’ts to be considered when appointing arbitrators

For all of its emphasis on privacy, procedural flexibility and the reassurance that comes with a widely-adopted enforcement regime in the form of the New York Convention, parties remain attracted to international arbitration for a sometimes-overlooked, but equally important, factor: the ability to select their own decision-makers. In some ways, however, being spoilt for choice can make picking one’s candidate that much more difficult. Do you go for the expensive ‘name’ arbitrator? The Big Law associate tipped for great things but with comparatively few appointments to their name? Or, for counsel and arbitrators of a certain generation, the most unthinkable move of all – a woman?