Arbitrator Selection Agreement

ARBITRATOR SELECTION AGREEMENT

CASE INFORMATION

Arbitration Administrator: [AAA/JAMS/Other]

Case Number: [CASE NUMBER]

Case Caption:

[CLAIMANT NAME],
Claimant,

v.

[RESPONDENT NAME],
Respondent.

Effective Date: [DATE]

PARTIES

Claimant: [CLAIMANT FULL LEGAL NAME] ("[ABBREVIATION]")

Respondent: [RESPONDENT FULL LEGAL NAME] ("[ABBREVIATION]")

(Each a "Party" and collectively, the "Parties")

RECITALS

A. The Parties are engaged in an arbitration proceeding as identified above.

B. Pursuant to the arbitration agreement and/or applicable rules, the Parties are required to select an arbitrator (or arbitrators) to preside over the arbitration.

C. The Parties wish to memorialize their agreement regarding the selection of the arbitrator(s) and the qualifications, procedures, and disclosures applicable to such selection.

NOW, THEREFORE, the Parties agree as follows:

ARTICLE 1: NUMBER OF ARBITRATORS

1.1 Number

The arbitration shall be conducted before:

☐ One (1) Arbitrator (sole arbitrator)

☐ Three (3) Arbitrators (tribunal/panel)

☐ As determined by the administering organization based on the amount in controversy and applicable rules

1.2 Basis for Selection

The number of arbitrators is based on:

☐ The parties' arbitration agreement, which specifies [ONE/THREE] arbitrator(s)

☐ Applicable rules ([AAA RULE / JAMS RULE]), which provide for [ONE/THREE] arbitrator(s) for disputes of this nature/amount

☐ Mutual agreement of the Parties

ARTICLE 2: ARBITRATOR QUALIFICATIONS

2.1 Required Qualifications

The Parties agree that the arbitrator(s) shall possess the following qualifications:

Professional Background:
☐ Licensed attorney admitted to practice in the United States
☐ Retired judge
☐ Active or retired judge with [NUMBER] years of judicial experience
☐ Attorney with at least [NUMBER] years of legal experience
☐ Industry professional with relevant expertise
☐ No specific professional requirement

Subject Matter Expertise:
☐ Experience in [INDUSTRY - e.g., construction, technology, healthcare]
☐ Expertise in [AREA OF LAW - e.g., contract law, employment law, securities]
☐ Technical expertise in [SUBJECT MATTER]
☐ Experience with disputes involving [TYPE OF DISPUTE]
☐ No specific subject matter requirement

Arbitration Experience:
☐ Completed arbitrator training through [AAA/JAMS/OTHER]
☐ Served as arbitrator in at least [NUMBER] prior arbitrations
☐ Experience with [TYPE - e.g., commercial, employment, consumer] arbitrations
☐ No specific arbitration experience requirement

Geographic Location:
☐ Located within [DISTANCE] miles of [CITY, STATE]
☐ Licensed/admitted in [STATE]
☐ No geographic requirement
☐ Willing to travel to [CITY, STATE] for hearings

Other Qualifications:
☐ [SPECIFY]

2.2 Disqualifying Factors

The Parties agree that the following shall disqualify a potential arbitrator:

☐ Prior employment by or representation of either Party
☐ Financial interest in either Party or the outcome of the dispute
☐ Personal relationship with any Party, counsel, or known witness
☐ Prior involvement with the subject matter of the dispute
☐ Representation of a competitor of either Party within the past [NUMBER] years
☐ Service as arbitrator in a prior dispute involving either Party within the past [NUMBER] years
☐ [OTHER DISQUALIFYING FACTOR]

ARTICLE 3: SELECTION PROCEDURE

3.1 Selection Method

The arbitrator(s) shall be selected through the following procedure:

☐ Option A: Administering Organization List Method

(a) [AAA/JAMS] shall provide a list of [NUMBER - typically 5-10] potential arbitrators meeting the agreed qualifications.

(b) Each Party shall have [NUMBER - typically 7-14] days to review the list, conduct research, and strike candidates.

(c) Each Party may strike up to [NUMBER] candidates without providing reasons.

(d) Each Party shall rank the remaining candidates in order of preference (1 being most preferred).

(e) The highest-ranked candidate acceptable to both Parties shall be appointed.

(f) If no mutually acceptable candidate remains, [AAA/JAMS] shall appoint an arbitrator meeting the agreed qualifications.

☐ Option B: Party-Appointed Arbitrators (for 3-arbitrator panel)

(a) Claimant shall appoint one arbitrator within [NUMBER] days of [TRIGGERING EVENT].

(b) Respondent shall appoint one arbitrator within [NUMBER] days of Claimant's appointment.

(c) The two party-appointed arbitrators shall select a third arbitrator to serve as Chair within [NUMBER] days.

(d) If the party-appointed arbitrators cannot agree on a Chair, [AAA/JAMS] shall appoint the Chair.

☐ Option C: Direct Agreement

(a) The Parties shall confer and attempt to agree on an arbitrator within [NUMBER] days.

(b) If the Parties cannot agree, the selection shall proceed under Option A above.

☐ Option D: Alternating Strikes

(a) [AAA/JAMS] shall provide a list of [NUMBER] potential arbitrators.

(b) The Parties shall alternately strike candidates, beginning with [CLAIMANT/RESPONDENT / COIN FLIP].

(c) The last remaining candidate shall be appointed.

3.2 Timeline

3.3 Exchange of Information

☐ The Parties agree to exchange their strikes simultaneously.

☐ The Parties agree to exchange their rankings simultaneously.

☐ Strikes and rankings shall be submitted directly to [AAA/JAMS] without exchange between the Parties.

ARTICLE 4: DISCLOSURE REQUIREMENTS

4.1 Required Disclosures

Before appointment, each prospective arbitrator shall disclose:

(a) Any past or present relationship with either Party, their counsel, or known witnesses;

(b) Any financial interest in either Party or the subject matter of the dispute;

(c) Any prior involvement with the matters in dispute;

(d) Any circumstances that might reasonably give rise to doubt about impartiality or independence;

(e) Membership in any organization that is a party or has an interest in the outcome;

(f) Prior service as arbitrator, mediator, or expert in matters involving either Party;

(g) Current caseload and availability to meet the anticipated schedule;

(h) [ANY ADDITIONAL DISCLOSURE REQUIREMENTS].

4.2 Ongoing Disclosure Obligation

The arbitrator shall have a continuing duty to disclose any circumstances that arise during the arbitration that might affect impartiality or independence.

4.3 Standard for Disclosure

The arbitrator shall disclose any information that a reasonable person would consider relevant to a determination of impartiality.

4.4 Response to Disclosures

(a) Each Party shall have [NUMBER - typically 10-15] days to object to a prospective arbitrator based on disclosures.

(b) Objections shall be submitted in writing to [AAA/JAMS] with a copy to the other Party.

(c) [AAA/JAMS] shall rule on objections, or the Parties may agree to waive disclosed circumstances.

4.5 Waiver

If a Party fails to timely object to a disclosed circumstance, that circumstance shall be deemed waived as a ground for disqualification.

ARTICLE 5: CONFLICTS OF INTEREST

5.1 Conflict Check Process

(a) Before appointment, each prospective arbitrator shall conduct a conflict check.

(b) The conflict check shall include [AAA/JAMS] conflict database and the arbitrator's own records.

(c) The prospective arbitrator shall disclose the results of the conflict check.

5.2 Standards

The Parties agree that the following standards shall govern conflicts:

☐ AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes

☐ JAMS Arbitrators Ethics Guidelines

☐ IBA Guidelines on Conflicts of Interest in International Arbitration

☐ [OTHER STANDARD]

5.3 Red List / Orange List / Green List Categories

The Parties agree to apply the following conflict categories:

Non-Waivable Conflicts (Red List):

• Arbitrator has significant financial interest in a Party
• Arbitrator is employee or director of a Party
• Arbitrator has close family relationship with Party or counsel
• [OTHER]

Waivable Conflicts Requiring Disclosure (Orange List):

• Prior service as arbitrator in unrelated case involving a Party
• Law firm represented Party in unrelated matter
• Social acquaintance with counsel
• [OTHER]

Generally Permitted (Green List):

• Arbitrator has previously written on relevant legal issues
• Arbitrator and counsel attended same professional conference
• [OTHER]

ARTICLE 6: ARBITRATOR COMPENSATION

6.1 Fee Arrangement

The arbitrator's compensation shall be:

☐ Per the administering organization's fee schedule

☐ $[AMOUNT] per hour

☐ $[AMOUNT] per day of hearing

☐ As agreed directly with the arbitrator: [DESCRIBE]

6.2 Allocation

The arbitrator's fees shall be:

☐ Shared equally by the Parties, subject to reallocation in the final award

☐ Paid by [PARTY]

☐ Allocated by the arbitrator in the final award

☐ Other: [DESCRIBE]

6.3 Deposit

☐ Each Party shall pay a deposit of $[AMOUNT] to [AAA/JAMS] before the arbitrator begins work.

☐ No deposit required.

ARTICLE 7: CHALLENGE AND REPLACEMENT

7.1 Grounds for Challenge

An arbitrator may be challenged only on grounds of:

(a) Lack of qualifications agreed upon by the Parties;

(b) Circumstances giving rise to justifiable doubt as to impartiality or independence;

(c) Failure to make required disclosures;

(d) Physical or mental incapacity;

(e) Failure or inability to perform duties in a timely manner.

7.2 Challenge Procedure

(a) A challenge must be made in writing within [NUMBER] days of learning of the grounds.

(b) The challenge shall state the grounds with specificity.

(c) The other Party shall have [NUMBER] days to respond.

(d) The challenged arbitrator may withdraw or provide a response.

(e) [AAA/JAMS] shall decide the challenge.

7.3 Replacement

If an arbitrator is successfully challenged, withdraws, or becomes unable to serve:

(a) A replacement arbitrator shall be selected using the same procedure as the original selection.

(b) The replacement arbitrator shall decide whether to repeat any prior proceedings.

(c) The Parties may agree in writing to waive repetition of specific proceedings.

ARTICLE 8: PARTY-APPOINTED ARBITRATORS (IF APPLICABLE)

8.1 Standards for Party-Appointed Arbitrators

☐ Neutral Standard: Party-appointed arbitrators shall be neutral and independent, subject to the same standards as the chair.

☐ Non-Neutral Standard: Party-appointed arbitrators may be predisposed toward the appointing party but shall not serve as advocates and shall decide issues fairly.

8.2 Communication with Appointing Party

☐ Party-appointed arbitrators may communicate with the appointing party only regarding selection of the chair and administrative matters.

☐ Party-appointed arbitrators may not communicate ex parte with the appointing party about the merits.

8.3 Disclosure by Party-Appointed Arbitrators

Party-appointed arbitrators shall make the same disclosures as the chair and shall disclose the nature and extent of their relationship with the appointing party.

ARTICLE 9: CONFIRMED ARBITRATOR

9.1 Selected Arbitrator

Based on the foregoing procedures, the Parties confirm the selection of:

Sole Arbitrator / Chair:

Name: [ARBITRATOR NAME]
Title/Credentials: [TITLE]
Organization/Firm: [ORGANIZATION]
Contact: [ADDRESS, PHONE, EMAIL]

Party-Appointed Arbitrator (Claimant's Appointee): [If applicable]

Name: [NAME]
Contact: [CONTACT]

Party-Appointed Arbitrator (Respondent's Appointee): [If applicable]

Name: [NAME]
Contact: [CONTACT]

9.2 Acceptance of Disclosures

The Parties acknowledge that they have reviewed the selected arbitrator's disclosures and:

☐ Have no objection to the arbitrator's appointment.

☐ Waive any objection based on the disclosed circumstances.

9.3 Confirmation

By signing below, the Parties confirm the selection of the arbitrator(s) identified above.

ARTICLE 10: GENERAL PROVISIONS

10.1 Confidentiality

The selection process, including communications with prospective arbitrators, shall be confidential.

10.2 Amendment

This Agreement may be amended only in writing signed by both Parties.

10.3 Governing Rules

To the extent not addressed herein, the arbitrator selection process shall be governed by the rules of [AAA/JAMS].

10.4 Integration with Arbitration Agreement

This Agreement is supplemental to and consistent with the Parties' underlying arbitration agreement. In the event of conflict, this Agreement shall control regarding arbitrator selection.

EXECUTION

IN WITNESS WHEREOF, the Parties have executed this Arbitrator Selection Agreement.

CLAIMANT:

[CLAIMANT NAME]

By: ______________________________
Name: [AUTHORIZED SIGNATORY]
Title: [TITLE]
Date: _______________

RESPONDENT:

[RESPONDENT NAME]

By: ______________________________
Name: [AUTHORIZED SIGNATORY]
Title: [TITLE]
Date: _______________

COUNSEL SIGNATURES

Counsel for Claimant:

______________________________
[ATTORNEY NAME]
[FIRM]
Date: _______________

Counsel for Respondent:

______________________________
[ATTORNEY NAME]
[FIRM]
Date: _______________

ARBITRATOR ACCEPTANCE (Optional)

I, [ARBITRATOR NAME], accept appointment as [sole arbitrator / chair / party-appointed arbitrator] in this matter. I have made all required disclosures and confirm that I am able and willing to serve impartially and in accordance with applicable rules and this Agreement.

______________________________
[ARBITRATOR NAME]
Date: _______________

APPENDIX A: ARBITRATOR DISCLOSURE CHECKLIST

Prospective Arbitrator: Please review and complete this disclosure checklist.

Name: [ARBITRATOR NAME]

Professional Background:

• Current position: [POSITION]
• Bar admissions: [STATES]
• Years of legal experience: [NUMBER]
• Arbitration training/credentials: [LIST]
• Number of prior arbitrations: [NUMBER]

Disclosures:

☐ I have no relationships, interests, or circumstances to disclose.

☐ I disclose the following:

Availability:

• Available for preliminary conference: ☐ Yes ☐ No
• Available for hearing dates: [DATES]
• Current arbitration caseload: [NUMBER]
• Anticipated conflicts: [DESCRIBE]

Confirmation:
I confirm that the above disclosures are complete and accurate. I have a continuing obligation to disclose any circumstances that arise that may affect my impartiality or independence.

______________________________
[ARBITRATOR NAME]
Date: _______________

LEGAL REFERENCES:

• Federal Arbitration Act, 9 U.S.C. Sections 1-16
• AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes
• JAMS Arbitrators Ethics Guidelines
• IBA Guidelines on Conflicts of Interest in International Arbitration
• AAA Commercial Arbitration Rules (R-12 through R-18)
• JAMS Comprehensive Arbitration Rules (Rule 15)