Who selects the arbitrator in a commercial arbitration case?

In commercial arbitration, the selection of an arbitrator is a critical process, as their fairness and ability are decisive elements of the proceedings. Generally, the parties involved in a dispute select the arbitrator either when a conflict arises or at the time the arbitration agreement is concluded.1

When a tribunal is formed, the two selected arbitrators typically appoint a chairman. Parties may handle the selection process themselves or entrust the appointment to organizations that administer commercial arbitration, such as trade associations, produce exchanges, or chambers of commerce. These organizations maintain panels of expert arbitrators and operate under preestablished rules of procedure.1

In instances where a party fails to select an arbitrator, modern arbitration laws often provide mechanisms for the substitution of arbitrators to ensure the process continues.2