Becoming an Empaneled Arbitrator/Mediator

6.1 Understanding Empanelment

Empanelment is the process by which ADR institutions include qualified professionals on their roster of arbitrators and mediators. Being empaneled provides credibility, visibility, and access to case appointments - it is often the first step in building a successful ADR practice.

Why Empanelment Matters

• Institutional Credibility: Empanelment signals that an institution has vetted and approved your qualifications
• Case Appointments: Institutions appoint from their panels when parties cannot agree on a neutral
• Marketing Value: Panel membership can be highlighted in professional profiles and marketing materials
• Networking: Access to institution events, training programs, and fellow panelists
• Professional Development: Many institutions require continuing education for panel members

Types of Panels

• General Panel: Open to qualified professionals across practice areas
• Specialized Panels: Subject-matter specific (construction, maritime, IP, sports, etc.)
• Emergency Arbitrator Panel: For urgent interim relief appointments
• Mediator Panel: Separate roster for mediation appointments
• Domain Expert Panel: Technical experts who may serve as tribunal members or expert witnesses

6.2 Indian ADR Institutions

India has several prominent ADR institutions offering empanelment. Understanding each institution's requirements, focus areas, and processes is essential for strategic career planning.

Indian Institute of Arbitration and Mediation (IIAM)

IIAM is one of India's oldest and most respected ADR institutions, headquartered in Kochi with centers across India.

Eligibility Requirements

• Arbitrator Panel: Minimum 10 years professional experience in law, engineering, accounts, or relevant field
• Mediator Panel: Completion of IIAM-approved 40-hour mediation training
• Educational Qualification: Graduate degree (law degree preferred but not mandatory)
• Age: Generally 35 years and above for arbitrator panel

Application Process

1. Online Application: Submit application through IIAM website with bio-data and supporting documents
2. Document Verification: Educational certificates, experience letters, training certificates
3. Interview: Some categories require a panel interview
4. Fee Payment: Registration fee and annual membership fee
5. Empanelment Decision: Review by IIAM's Empanelment Committee

Mumbai Centre for International Arbitration (MCIA)

MCIA is India's premier international arbitration institution, modeled on global best practices.

Eligibility Requirements

• Arbitrator Panel: Minimum 15 years of professional experience
• International Experience: Preference for candidates with cross-border dispute experience
• Specialization: Demonstrated expertise in specific industry sectors
• Language Skills: Proficiency in English; additional languages advantageous

Indian Council of Arbitration (ICA)

ICA is the oldest arbitration institution in India, established in 1965 under FICCI.

Eligibility Categories

Delhi International Arbitration Centre (DIAC)

DIAC is a newer institution established under the Delhi High Court, gaining prominence for domestic commercial disputes.

• Application: Online through DIAC portal
• Fees: Registration and annual fees applicable
• Training: DIAC conducts its own training programs for empaneled members
• Appointment: Panels organized by subject-matter expertise

6.3 International Institutions

For practitioners seeking to build an international practice, empanelment with leading global institutions provides access to cross-border disputes and enhances international credibility.

ICC International Court of Arbitration

The ICC Court in Paris is the world's leading arbitration institution for international commercial disputes.

Key Points

• No Formal Panel: ICC does not maintain a traditional panel; it appoints based on case requirements
• Database Registration: Practitioners can register their profiles in the ICC database
• Appointments: Made by the Court or National Committees based on expertise and availability
• Nationality Considerations: ICC ensures diversity by appointing arbitrators of different nationalities than parties

Singapore International Arbitration Centre (SIAC)

SIAC is Asia's leading arbitration institution with significant Indian caseload.

Panel Application Process

1. Invitation-based: SIAC Panel membership is primarily by invitation
2. Expression of Interest: Candidates can submit expressions of interest for consideration
3. Requirements: Distinguished career with demonstrated expertise in international arbitration
4. Review: Applications reviewed by the SIAC Court

London Court of International Arbitration (LCIA)

The LCIA is one of the world's oldest arbitration institutions, known for procedural efficiency.

• Application: Submit CV and application form through LCIA website
• Selection Criteria: Recognized expertise, publications, and international experience
• Diversity Focus: LCIA actively promotes geographic and gender diversity on its panels

Hong Kong International Arbitration Centre (HKIAC)

HKIAC serves as the preferred seat for many Asia-focused arbitrations, particularly involving Chinese parties.

• Panel of Arbitrators: Application through HKIAC website
• Domain Expertise: Strong preference for specific industry experience
• Language: Mandarin proficiency advantageous for many cases

6.4 Mediation-Specific Empanelment

With the Mediation Act 2023 coming into force, mediator empanelment is becoming increasingly important in India. Several institutions maintain separate mediator panels.

Mediation Council of India

Under the Mediation Act 2023, the Mediation Council of India (MCI) will be the primary body for mediator registration.

Expected Requirements

• Training: Completion of MCI-recognized mediation training (expected 40-80 hours)
• Apprenticeship: Supervised mediation practice before independent practice
• Background Check: Character verification and no criminal record
• Continuing Education: Annual CPD requirements likely

Court-Annexed Mediation Panels

Most High Courts and many District Courts maintain mediator panels under Supreme Court mediation rules.

Typical Requirements

• Training: 40-hour mediation training from recognized institution
• Experience: Varies by court - often 10+ years professional experience
• Application: Through concerned High Court Mediation Centre
• Refresher Training: Periodic updates required for continued empanelment

CEDR (Centre for Effective Dispute Resolution)

CEDR is a leading UK-based mediation provider with international recognition.

• Accreditation: Complete CEDR Mediator Skills Training or equivalent
• Assessment: Pass CEDR accreditation assessment
• Annual Renewal: CPD requirements and annual fee
• Recognition: CEDR accreditation recognized globally

6.5 Strategic Empanelment Planning

Successful ADR practitioners approach empanelment strategically, building a portfolio of memberships that align with their expertise and career goals.

Developing Your Empanelment Strategy

1. Identify Your Niche: What industries or dispute types are you best qualified to handle?
2. Research Institutions: Which institutions handle cases in your areas of expertise?
3. Fill Gaps: Complete any required training or certifications
4. Apply Strategically: Start with institutions where you have strongest qualifications
5. Build Track Record: Gain experience through co-arbitrator appointments before seeking sole arbitrator roles

Application Best Practices

• Tailor Your CV: Highlight experience relevant to each institution's focus areas
• Obtain References: References from known arbitrators or institution members carry weight
• Demonstrate Availability: Institutions value arbitrators who can commit time to cases
• Update Regularly: Keep institution profiles current with recent cases and publications
• Engage with Institution: Attend events, participate in training, contribute to publications