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November 02, 2010

So what's a "wine" arbitrator? Episode II of McIlwrath-Kirby IDN Interview.

Have you ever gone back and reviewed your firm's bill to a client to determine the fees on your end to select a panel of three arbitrators? How much was that? How long did it take?

Was having three arbitrators important to the client? And was it worth it?

Part II: Is one arbitrator enough? And if there's more than one, how do you spot a "wine" arbitrator on the panel? In June we featured Part I of Mike McIlwrath's interview with Jennifer Kirby, former Deputy Secretary General of the ICC's Court of International Arbitration in Paris. See "The $10 Million Business-to-Business Contract: 1 or 3 Arbitrators?", and McIlwrath's podcast No. 88 (taped April 23) of the CPR Institute's interview series on International Dispute Negotiation.

A month later, McIlwrath--he is Senior Counsel, Litigation for GE Infrastructure, Oil & Gas, and based Florence, Italy--continued his discussion with Kirby. Interestingly, they agreed that, with few exceptions, one arbitrator is preferable to a panel of three in business-to-business contract disputes, even higher value ones. Some of the reasons may surprise you. Hear IDN podcast No. 89 (taped on May 11), and Jennifer Kirby's "rule of thumb" at the conclusion.


Posted by JD Hull at November 2, 2010 11:59 PM


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