SOCIAL PROFESSIONAL CHARACTERISTICS OF INTERNATIONAL ARBITRATOR
Journal Title: Наука і освіта - Year 2018, Vol 0, Issue 11
Abstract
Thanks to globalization, international arbitration as an effective alternative dispute resolution method has be-come 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 arbi-tration 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 grow-ing role of arbitrators in the arbitration process requires such traits as ability to make decisions, tolerance, diplomacy, cultural awareness.
Authors and Affiliations
Olha Nahorna
Keywords
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- EP ID EP566414
- DOI 10.24195/2414-4665-2018-11-12-7
- Views 206
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