(2018) Science and education, 11-12, 50-55. Odessa.

Olha Nahorna,
PhD (Candidate of Philology), associate professor,
Khmelnytskyi University of Management and Law,
8, Heroiv Maidanu Str., Khmelnytskyi, Ukraine

SOCIAL PROFESSIONAL CHARACTERISTICS OF INTERNATIONAL ARBITRATOR

Thanks to globalization, international arbitration as an effective alternative dispute resolution method has become a highly specialized service provided by professional arbitrators, not by quasi-judicial workers as it was accepted long ago. Currently, three main stages have been identified in the process of developing the profession of an arbitrator, in particular the stage of “Grand Old Men”, the stage of “Technocrats” and the stage of “Managers”, each having its own distinctive features. It is important that the modern generation of arbitrators is perceived as a manager of the arbitration process, educated professionals capable of learning and self-development. The selection process for arbitrators became very competitive, therefore the parties consider the qualifications and competence of the applicants carefully as their candidatures may be challenged before their appointment. The purpose of the paper is to identify the social and professional characteristics of arbitrators. To determine the state of study of the problem the method of analysis and synthesis of methodological, social, legal, scientific and methodical literature was used. The generalization method was applied to formulate the conclusions of the research. The basic social and professional characteristics that are taken into account when choosing an arbitrator can be classified as follows: 1) personal qualities, 2) education, knowledge, skills, 3) experience, reputation. Legal specialization, experience in conducting arbitration practice and reputation are the most important features in appointing or recommending an arbitrator. Equally important were the personal qualities of an applicant and his skills in technical and procedural issues of arbitration. In addition, the growing role of arbitrators in the arbitration process requires such traits as ability to make decisions, tolerance, diplomacy, cultural awareness.

international arbitration, international arbitrator, social professional characteristics, education, Master programmes.

1. Kebuladze, V. (2016). Charunky doli: esei [Wonders of destiny: essays]. Lviv : Vydavnytstvo Staroho Leva [in Ukrainian].
2. Bickner, M. L., Boone, W. D., West, J. B. (2003). Arbitrator Acceptability: Arbitrators and Advocates’ Perspectives. National Academy of Arbitrators. (рр. 247–276). [in English].
3. Bond, S. R. (1991). The International Arbitrator: from the Perspective of the ICC International Court of Arbitration. Northwestern Journal of International Law & Business, 12(1), 1–23 [in English].
4. CAS in Arbitration. SAA Practitioner’s Course. Retrieved from: http://www.swiss-arbitrationacademy.ch/site/overview / [in English].
5. Code of Professional Responsibility for Arbitrators of Labormanagement Disputes (2007). Retrieved from: https://www.adr.org/sites/default/files/document_repository/Code%20of%20Professional%20Responsibility%20for %20Arbitrators%20of%20LaborManagement%20Disputes_0.pdf [in English].
6. Cremades, B. M. (1999). International Arbitration: a Key to Economic and Political Development. International Arbitration Law Review, 5-6, 145–150. [in English].
7. Derains, Y. & Lévy, L. (2011). Introduction. Is Arbitration only as Good as the Arbitrator? Status, Powers and Role of the Arbitrator. ICC Publication, 714E, 7- 13. [in English].
8. Dezalay, Y. & Garth, B. G (1996). Dealing in Virtue – International Commercial Arbitration & the Construction of a Transnational Legal Order. University of Chicago [in English].
9. Domke, M. (1971). The Arbitrator’s Immunity From Liability: A Comparative Survey. University of Toledo Law Review, 3, 99-103. [in English].
10. Gaillard, E. (2015). Sociology of International Arbitration. Arbitration International, 31, 1–17. [in English].
11. Picher, M. L., Seeber, R. L. & Lipsky, D. B. (2000). The Arbitration Profession in Transition: Preliminary Results from a Survey of the National Academy of Arbitrators. Retrieved from https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi ?article=1030&context=conference [in English].
12. Rogers, C. A. (2005). The Vocation of International Arbitrators. American University International Law Review, 20, 958–984. [in English].
13. Reeves, T. Zane (2009) Researching the Arbitrator: The Chicken Noodle Soup Approach. Retrieved from https://www.researchgate.net/publication/315381941 [in English].
14. Schultz, Th. & Kovacs, R. (2012). The Rise of a Third Generation of Arbitrators – Fifteen Years after Dezalay and Garth. Arbitration International, 28(2), 161–171 [in English].
15. Smit, H. (1987). The Future of International Commercial Arbitration: A Single Transnational Institution? Columbia Journal of Transnational Law, 25(9), 9– 34. [in English].