Arbitration is becoming an increasingly preferred mode of resolving disputes in Bengaluru, especially in commercial matters. It’s faster, more private, and often less expensive than court litigation. However, one of the most crucial aspects of arbitration & mediation services—often underestimated—is selecting the right arbitrator.
Choosing the right arbitrator can significantly influence the outcome of your case. So, how do you ensure that the person making the final decision in your dispute is fair, competent, and well-suited for your matter? Let’s walk through the most important factors you should consider.
Understanding the Role of an Arbitrator
Before diving into how to choose one, it’s important to first understand what an arbitrator does.
An arbitrator is a neutral third party who hears both sides of a dispute and makes a binding decision, much like a judge. However, unlike judges, arbitrators are often chosen by the parties themselves and can bring industry-specific expertise to the table. This makes their role especially critical in technical or high-value disputes, such as those in real estate, construction, IT services, or cross-border commercial transactions.
With that in mind, let’s now look at how you can choose an arbitrator wisely.
Consider the Nature of the Dispute
First things first—what kind of dispute are you dealing with?
For example, if it’s a construction contract issue in Whitefield, you may want an arbitrator with a civil engineering or construction law background. If it’s a tech partnership dispute between startups in Koramangala, someone with experience in intellectual property and technology agreements would be more appropriate.
The arbitrator’s subject-matter expertise ensures they understand industry practices, jargon, and technicalities, reducing the need for over-explaining and speeding up the process.
Review Professional Credentials and Reputation
Now that you’ve identified the kind of expertise needed, the next step is checking the arbitrator’s qualifications and track record.
In Bengaluru, many arbitrators are former judges, senior advocates, or retired bureaucrats. Others may be domain experts empanelled with arbitration institutions like the Bangalore International Mediation, Arbitration and Conciliation Centre (BIMACC) or Indian Council of Arbitration.
Look for:
- Academic background and legal qualifications
- Number and types of cases handled
- Affiliations with recognized arbitration panels
- Client testimonials or peer reviews (if available)
Let’s see why this matters…
A reputed arbitrator brings not only credibility but also a disciplined, procedural approach to the arbitration process. This can be especially helpful in avoiding delays or procedural complications.
Assess Neutrality and Independence
This is non-negotiable.
An arbitrator must be completely independent and impartial—not just in reality, but also in appearance. In Indian arbitration law, especially under the Arbitration and Conciliation Act, 1996, Schedule V and VII provide specific guidance on what may raise doubts about an arbitrator’s impartiality.
Ask yourself:
- Do they have any personal or professional connection to either party?
- Have they previously worked with your law firm or your opponent’s?
- Could they have any financial interest in the outcome?
Let’s move to another key factor—how the arbitrator handles the process.
Evaluate Their Procedural Approach
Different arbitrators have different working styles. Some are highly structured, strictly adhering to timelines. Others are more flexible, encouraging parties to resolve issues informally before ruling.
So, what’s better?
Well, it depends on your expectations and needs. If you’re looking for a speedy resolution, you may prefer a more assertive arbitrator who imposes tight deadlines and controls the proceedings efficiently. On the other hand, for a high-stakes dispute involving sensitive business relationships, a more facilitative style may be better.
You can ask these questions during the preliminary interview or review their past rulings if available.
Consider Institutional vs. Ad Hoc Arbitration
Let’s talk about where the arbitration happens—through an institution or independently.
In institutional arbitration, a recognized body (like BIMACC in Bengaluru or ICA) manages the process and appoints arbitrators from its panel. This brings structure, fixed rules, and a vetted list of professionals.
In contrast, ad hoc arbitration allows parties to choose their arbitrator and frame their own rules. This is common in Bengaluru for private commercial disputes.
So, what should you pick?
- If you want predictability and administrative support, go for institutional arbitration.
- If you prefer more flexibility and cost control, ad hoc may be better—but you’ll need to be extra careful in choosing the arbitrator.
Don’t Ignore Language and Local Familiarity
Here’s something most people overlook—language and regional context.
An arbitrator who understands the local business environment, practices, and even Kannada or regional dialects, may be more effective in resolving disputes quickly. For example, land disputes or real estate matters around Bengaluru outskirts often require an understanding of local documentation, land records, or informal agreements.
This doesn’t mean your arbitrator has to be from Bengaluru—but familiarity with the city and its commercial culture can be a big plus.
Confirm Availability and Time Commitment
A technically sound arbitrator is of no use if they are overburdened or difficult to schedule.
Check:
- How many cases they are currently handling
- Their general availability for hearings and interim applications
- Their responsiveness to procedural matters
Timely justice is a key promise of arbitration—so make sure your arbitrator has the bandwidth to deliver on it.
Talk to Your Lawyer
And finally, don’t make the decision alone. Consult your legal counsel—especially if you’re working with a Bengaluru-based law firm like PWR Juris. Experienced arbitration lawyers can offer valuable insights into an arbitrator’s style, strengths, and reliability.
They may also have prior experience with the arbitrator, which helps in setting realistic expectations.
Final Thoughts
Choosing the right arbitrator is not a one-size-fits-all decision. It requires balancing expertise, neutrality, procedural style, availability, and local relevance. In Bengaluru’s fast-evolving commercial landscape, this decision can make or break your case.
Take the time, ask the right questions, and lean on experienced legal services to make the best choice. After all, the right arbitrator doesn’t just decide your case—they shape your entire arbitration experience.
At PWR Juris, our arbitration team has deep experience in helping clients across Bengaluru choose the right arbitrators and navigate complex disputes with confidence. Whether you’re dealing with a commercial, construction, or partnership matter, we’re here to support you every step of the way.
Reach out to us today for a consultation and let’s resolve your dispute—efficiently, fairly, and strategically.