Arbitrations offer the parties engaged in a dispute some choice in the selection of arbitrators
Maggie Stilwell presents the arguments for accountants as arbitrators
Arbitrations offer the parties engaged in a dispute some choice in the selection of arbitrators. Even though there is a wide range of commercial cases and issues resolved through arbitration, it is striking how lawyers dominate these appointments, over other professionals or lay people with experience relevant to the case. As an accountant, I am interested in why this is so, even for cases where accounting, financial or commercial issues are central. It is customary for accountants to give expert evidence in arbitrations, but far less usual for them to act as an arbitrator. And yet a proper mastery of the accounting, financial and commercial aspects can be so important to the quality of the decisions reached in arbitrations.
Damages
Clearly, most arbitrations involve disputed legal issues, requiring the expertise of a lawyer to resolve them. But in a panel of three or more arbitrators, does that mean that only lawyers should act? Unlike the courts, which can impose