Arbitration is growing popular as a way to settle commercial disputes globally. Given the advantages that Arbitration has, it is no surprise that most people are opting for it, over litigation. And this is all the more true for the construction industry. The majority of the regional construction sector choosing it as their preferred method to resolve disputes.
Arbitration is the form of Alternative Dispute Resolution (ADR), which helps legally resolve disputes based on domestic and international law. Arbitrators require some special skills that depend on professional experience that can listen to a dispute fairly, and then an arbitrator’s decision binds the respective parties. So, what are the essential qualities that the newly qualified arbitrators look for? Here are a few things that can make the arbitrator a perfect one.
Experience Counts
If you want to be an arbitrator, you must have excellent judgment. It comes with maturity and experience in life. So, if you want to ascertain the facts and it requires you to understand how the systems work and gain a far better understanding of them. This comes with a great deal of experience. The more experienced you are, the better you will be as an arbitrator.
It’s All About Professionalism
An arbitrator must not bring their ego to work. You have to understand that this is a service, and you will have to give a final and binding conclusion about the dispute. You have to cater to the parties, the dispute, and the law of the contract.
It would help if you were more diplomatic, respectful, and professional. If you are an arbitrator, you are not a judge, as you have no inherent power, so your power comes from things like respect, diplomacy, consistency, fairness, and you are more prompt and efficient.
Efficient in Planning and Execution
If you want to be an arbitrator, you need to be a good project manager too. More often than not, Arbitration takes time, and you must be able to accomplish the goals on a stipulated time and budget.
Display Application Skills
You must know about investigations and judicial proceedings in general. It will also allow you to consider the rules and the laws of the seat when it comes to commercial Arbitration. As an arbitrator, you need to bring the right process, fairness, confidentiality, to the table, and present the right opportunity to present its case. Demonstrate the right skills to come to terms with different substantive law bodies, as this may apply depending on the law of the contract.
Be Articulate
It is important to be articulate while signing an enforceable award. That way, a court order cannot set your award aside. Ensure that all your communications are clear and have the same tone for the Arbitration’s entire duration.
The Qualifications
To become a commercial arbitration, you must possess knowledge of the trade and develop all the necessary skills. Besides that, you should also be capable of delivering an unbiased judgment. You can learn Commercial arbitration skills through various courses. Some of them are top-notch and will help you hone your skills.
A few resolution organizations where you can sign up for the courses include the CIArb or RICS. The courses include distance learning Diploma in International Arbitration (MENA), which is meant for this region and can help bring up the numbers of built environment specialist arbitrators. The Diploma is necessary for people who may act as international arbitrators or professionals who could aid several parties in arbitration courts.
After getting the basic certification in commercial Arbitration, you can join an arbitration organization. Announce your arrival and ensure that people in the circuit know that you can serve as a tribunal secretary. And you will be ready to precede over disputes and resolve conflicts amicably. However, it would help if you also undergo a course on general arbitration norms besides just the commercial disputes. That way, you can be an all-rounder in the world of Alternative Dispute Resolution.
It is one of the better ways of exposing you to arbitration cases and practitioners. You can even consider working for an institution as an arbitration manager. This will be particularly suitable for commercial and international Arbitration. There are various scopes for you in this arena if you want to make a name for yourself as an arbitrator for commercial disputes globally.