Non-Lawyer Arbitrators and the Deliberative Balance of International Arbitral Tribunals
Article from: TDM 2 (2017), in Non-Legal Adjudicators in National and International Disputes
One of the key advantages of arbitration over traditional adjudication is party autonomy: the parties can choose who will hear and resolve their dispute. This choice often, but not always, includes discretion to appoint a non-lawyer as arbitrator. This paper conducts a summary exploration of the potential effects of appointing non-lawyers as arbitrators in three-member international tribunals that are "mixed", i.e., include one or more lawyers as arbitrators. In this context, "non-lawyer" will be treated as synonymous with "technical expert", as the presence of a layperson on a tribunal ...