Not so long ago, calling for greater transparency in arbitrator selection was akin to threatening to raze the gates of Rome and sack its inhabitants. Such barbaric proposals challenged time-honored traditions and were regarded as a direct attack on the dignitas of international arbitrators. Although often mistranslated in English to mean “dignity”, dignitas instead means something much more. In Rome, it meant the sum of the personal authority and influence acquired throughout a lifetime. This influence was measured in terms of personal reputation, moral standing, and ethical rectitude. Until recently, the dignitas of international arbitrators was sufficient to assure parties about the quality and integrity of arbitral decisionmaking. Today, however, users and observers of international arbitration are insisting instead on something more concrete. This essay traces recent developments that demonstrate the international arbitration community's commitment to increased transparency in arbitrator selection and appointments. It also outlines development of a new project – Arbitrator Intelligence – that seeks to respond to these calls for increased transparency and accountability.
The Arbitrator and the Arbitration Procedure, Transparency in Arbitrator Selection
Catherine Rogers
Writing – Original Draft Preparation
2016
Abstract
Not so long ago, calling for greater transparency in arbitrator selection was akin to threatening to raze the gates of Rome and sack its inhabitants. Such barbaric proposals challenged time-honored traditions and were regarded as a direct attack on the dignitas of international arbitrators. Although often mistranslated in English to mean “dignity”, dignitas instead means something much more. In Rome, it meant the sum of the personal authority and influence acquired throughout a lifetime. This influence was measured in terms of personal reputation, moral standing, and ethical rectitude. Until recently, the dignitas of international arbitrators was sufficient to assure parties about the quality and integrity of arbitral decisionmaking. Today, however, users and observers of international arbitration are insisting instead on something more concrete. This essay traces recent developments that demonstrate the international arbitration community's commitment to increased transparency in arbitrator selection and appointments. It also outlines development of a new project – Arbitrator Intelligence – that seeks to respond to these calls for increased transparency and accountability.
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