Expertise on the Arbitral Panel: Questioning the Consensus
Article from: TDM 2 (2017), in Non-Legal Adjudicators in National and International Disputes
The ability to appoint expert adjudicators has long been recognized as one of the principal attractions of arbitration. An emphasis on expertise and specialization is increasingly a feature of public adjudication as well. Scholars of public law have taken note of this trend, devoting substantial attention to the costs and benefits associated with specialist judges and adjudicatory fora. Analysis in the context of private law, by contrast, is mostly one-sided-noting only the benefits of subject-matter expertise and rehearsing a largely unquestioned wisdom. This Article suggests ...