ARBITRAL LIFE CYCLES AND ACCEPTABILITY TO THE PARTIES

STEVEN BRIGGS

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DOI: 10.2190/DN3T-7KUU-GKRM-XK2T

Abstract

There are three propositions advanced in this article: 1) arbitrator acceptability can be developed through proactive strategies within the control of the arbitrator, 2) widely acceptable arbitrators have gone through three identifiable life cycles, and 3) an arbitrator's acceptability strategy should be geared to the particular arbitral life cycle he or she is currently experiencing. The novice or would-be (Cycle I) arbitrator should cultivate an image of experience, knowledge and neutrality. The mid-career, mildly acceptable (Cycle II) arbitrator can increase his/her acceptability through a strategy enhancing visibility to the parties. Appearing "case-hungry" is not recommended, however. The widely acceptable, extremely busy (Cycle III) arbitrator should continue to maintain such sound practices as scheduling relatively prompt hearing dates and issuing timely awards. In addition, it is important for a Cycle III arbitrator to share with others the expertise gained from years of robust arbitration experience.

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