Organization will solve the problem for arbitrators

KUWAIT: This article aims to address the dilemma faced by people or companies that resort to arbitration to settle disputes by non-judicial means. Although arbitration aims primarily to address the negatives of litigation, there are still obstacles facing those who seek arbitration, the most important of which is verifying the integrity and impartiality of the arbitrator. Litigants need a system by which to confirm that arbitrators are not colluding with an interested party against litigants’ interest.

To begin, it must be understood that international dispute settlement is a long, tedious and often difficult process. Judgments can take years, and this results in loss of money and time for businesses and individuals. Arbitration is a preferred means for resolving international disputes, either in business or between countries. As such, arbitration and the role of arbitrators need to be closely examined and studied.

Thousands of arbitrators

There are tens of thousands of arbitrators around the world. But how arbitrators are chosen for a particular case and how their impartiality is guaranteed needs further consideration. Litigants often resort to seeking arbitrators themselves, without any means of certifying or confirming the arbitrators’ credentials or impartiality. Moreover, they may choose arbitrators that are not suitable for the case at hand; a situation that can prolong or complicate or otherwise negatively affect the arbitration process.

While the sector has witnessed substantial growth around the globe over the last decade, this growth has been inconsistent, and sometimes difficulty to confirm guidelines between states makes it challenging for litigants to understand the procedures of arbitration, especially to determine the suitability and impartiality of any particular arbitrator. We think that this negativity which faces the litigants will be resolved with the establishment of an international organization focused on ensuring the professionalism, impartiality and credentials of arbitrators.

We know that today there are more than a thousand arbitration institutions around the world. What is needed is an international register of arbitrators, a global body able to license, credentialize and select arbitrators suitable for each case and judgment.

A global institution or organization with the sole aim of ensuring the credentials, professionalism and impartiality of arbitrators will not only improve the global role of arbitration, but will also reduce the time, costs and difficulty involved in international litigation.

Private sector

But we still have not seen that there is interest from regular individuals, especially in the business sector. We should support the private sector to avoid future problems between individuals.

This will also relieve pressure on the international court of justice, especially with the increase in trade disputes, which has caused problems in all sectors. This organization will make international trade better organized than today.

After this suggestion, maybe some will comment that establishing any organization amid the spread of COVID19 is not suitable. But we disagree to stop because of any disease similar to the flu. We should continue despite any disaster, because life should not stop. We should have faith that nothing will happen to humanity without the will of God.

• Alghamdi is in her last semester of law at Kuwait International Law School.