Originally published in the NYSBA New York Dispute Resolution Lawyer (Vol.12, No.2), Michael Lampert’s article “Arbitrators in 3-D: Death, Disability and Disqualification” deals with the consequences and planning devices available to mitigate the effects of the 3-D’s.
The author reviews Article 13 of the UNCITRAL Rules, which provides for the replacement of an arbitrator, and the legal risk policies available, concluding as follows:
“Whether they are worth it is complex. Between written witness statements, in many cases a sound recording or transcript of hearings including cross examination and some of the alternatives and the organisational rules above, perhaps the cost of a rehearing due to replacement is a risk the parties will bear. But in some complex and lengthy cases, perhaps it should be underwritten by another. In any event, the question of risk tolerance should be expressly considered.”