Selecting an Arbitrator-General Qualities

The selection of arbitrators can have a fundamental impact upon the success of an arbitral process. It is therefore important for the parties to have a clear appreciation as to the type of arbitrator they seek from the outset.

Pursuant to Oman's Law of Arbitration in Civil and Commercial Disputes (the “Arbitration Law”), promulgated by Oman Sultani Decree No. 47/1997, as amended, in arbitrations where a sole arbitrator is to be appointed, parties are expected to co-operate in order to reach a consensus whereby all sides are satisfied that the appointee possesses the qualities which they covet. Failure to reach an agreement will result in the Omani courts imposing an appointment upon the parties. This, in itself, is to be avoided as far as possible. In situations where a tribunal is to be composed of three arbitrators, ordinarily, each party will nominate one arbitrator and those arbitrators will select the chairperson.