Neutral Selection Procedure
In support of its objective of fostering “development of arbitration practices that resolve disputes in an efficient, economical and just manner,” ARIAS•U.S. offers a method for appointing a panel through a neutral selection process. The steps of this Procedure are detailed below. The parties are invited to join together to implement it, using the facilities of ARIAS•U.S. where indicated. Otherwise, ARIAS•U.S. is not involved in directing or monitoring its use.
The objective of this Procedure is to provide for the neutral selection of an arbitration panel that will minimize the level of perceived bias inherent in utilizing party-appointed arbitrators. The Procedure is not intended, and certainly cannot be guaranteed, to produce panel members with “neutral” mind sets. To initiate the Procedure, parties must download and read the ARIAS•U.S. Rules 6. Appointment and Composition of the Panel Procedures below and jointly notify ARIAS·U.S. in writing, referring to the sample letter below, that they have elected to have their panel selected in accordance with the Procedure.
For a detailed understanding of the steps and sample forms download below:
- ARIAS•U.S. Neutral Rules Appointment and Composition of the Panel
- ARIAS•U.S. Sample Letter Neutral Selection of Arbitration Panel
- ARIAS•U.S. Neutral Selection Questionnaire
While this procedure is underway, there will be no contact between the parties or their counsel and any candidate, other than through the joint submission of the questionnaire (and of course there will be no ex parte contact with panel members after the panel is constituted).
Unless decided otherwise by the panel, the parties will share equally the fees and expenses of the entire arbitration panel.