Kirchner suggests that when a party seeks an appraiser to act as an
arbitrator the party is not seeking a jurist but rather is retaining the appraiser because of his or her appraisal skills.
Doss, an Atlanta attorney, said: "There is no question that having a pool of
arbitrators with diverse backgrounds and experiences will result in improved decision making.
The court specifically distinguished between the evidence needed to dismiss an
arbitrator and the evidence needed to dismiss a federal judge.
The city contended, in court filings, that the
arbitrator violated public policy by requiring Mr.
His position as MLB's independent
arbitrator was in jeopardy from the moment he overturned the drug suspension of Ryan Braun.
All
arbitrators, local or foreign, would have to be paid by both parties involved in the case.
An Appendix discusses the fees of the
arbitrators and sets up a scale for the general and administrative costs of arbitration.
Publication of a higher number of reasoned decisions on challenges to
arbitrators could be an important contribution to the functioning of investment arbitration, by signaling to prospective
arbitrators and parties what kind of circumstances could affect the integrity of the Tribunal.
Board member Richard Tanner, who chaired a Program Evaluation Committee subcommittee that reviewed the program, said it needs more publicity so both lawyers and clients know about it, and needs more lawyers to volunteer as
arbitrators.
Credit card and other companies drive millions of dollars in business to arbitration firms, which in turn hire
arbitrators to rubber-stamp rulings that favor business and then pass many of the costs onto the consumer," the report notes.
The names are chosen from the Roster of Neutrals, a list of
arbitrators maintained by AAA.
Mediation requires working individually with the parties, something
arbitrators should not do.