How to choose an arbitrator?
In Switzerland, the choice of an arbitrator depends on the type of dispute. Here are some things to consider when choosing an arbitrator:
Identify the field of your dispute: If you have a commercial dispute, you can choose an arbitrator specialised in this field. If you have a family dispute, you may choose an arbitrator who specialises in family law.
Look for arbitrators’ associations: In Switzerland, there are several arbitrators’ associations, such as the ASA (Swiss Arbitration Association) or the Swiss Chamber of Mediation and Arbitration (CMS). These associations have lists of qualified arbitrators which can be consulted.
Assess the experience of the arbitrator: It is important to choose an arbitrator who has experience in the field of your dispute. You may wish to review the arbitrator’s resume, professional experience and past cases.
Check the reputation of the arbitrator: It is important to choose an arbitrator who is impartial and has a good reputation in the legal community. You can search online for comments or ratings on the arbitrator you are considering.
Contact the arbitrator: Once you have identified a potential arbitrator, you can contact them to discuss your dispute and their fees. This will also help you determine whether you have a good impression and whether you can work with him or her.
Finally, it is important to note that the choice of arbitrator may be agreed between the parties through an arbitration clause in their contract or a subsequent arbitration clause (an agreement made after the dispute has arisen). If the parties cannot agree on the choice of the arbitrator, Swiss law provides for mechanisms for the appointment of the arbitrator