Weekly Brief · Practice note
How arbitrators are selected and what they must disclose
In AAA arbitration, parties participate in selecting the arbitrator through a process that typically involves reviewing candidate profiles and exercising strikes or preferences. Arbitrators must disclose relationships, financial interests, and other circumstances that could affect their impartiality.
The Editors, aaaarbitrator.com · Published September 14, 2026
Overview of the selection process
The arbitrator selection process in commercial arbitration generally begins after a case is filed and the arbitrator intake is complete. The parties do not directly choose an arbitrator; instead, AAA provides a list of qualified candidates, and the parties have an opportunity to review information about each candidate and express preferences or objections.
The specific mechanics depend on the number of arbitrators the parties agreed to use—typically one arbitrator for smaller cases or three for larger disputes. When three arbitrators are required, each party usually selects one arbitrator, and those two then select a neutral third arbitrator who serves as chair.
The selection process is designed to allow parties meaningful input while ensuring that the neutral decisionmaker is impartial and qualified. Parties receive information about candidates' backgrounds, experience, and disclosure statements before indicating their preferences or exercising any right to strike names from consideration.
What arbitrators must disclose
Before an arbitrator accepts appointment, they must disclose any circumstance that could affect their impartiality or independence. These disclosures cover financial relationships, prior involvement with the parties or their counsel, family or business relationships, and any other situation that a reasonable person might believe could create bias.
Arbitrators are required to disclose not only direct conflicts but also less obvious connections—for example, relationships with law firms representing a party, even if the arbitrator has not worked directly with the specific lawyer involved. The disclosure obligation is ongoing; arbitrators must update their disclosures if new information emerges during the case.
The disclosure information is provided to all parties so they can evaluate whether the arbitrator's impartiality might reasonably be questioned. Parties may then accept the arbitrator, challenge the appointment, or request that the arbitrator withdraw based on the disclosures made.
Standards for impartiality and independence
Arbitrators are expected to be neutral and independent—meaning they have no stake in the outcome and no undisclosed relationships with either party or their representatives. The standards require that an arbitrator be capable of rendering a fair decision based solely on the evidence and the law applicable to the dispute.
An arbitrator's impartiality is assessed not by whether bias actually exists, but by whether circumstances would lead a reasonable person to question it. This objective standard protects parties by disqualifying arbitrators when there is even a reasonable appearance of conflict, without requiring proof of actual prejudice.
Challenging an arbitrator after selection
If a party believes an arbitrator should not serve because of a conflict of interest or lack of impartiality, the party may challenge the appointment. Challenges are typically raised within a specified time after the arbitrator is appointed and disclosures are received.
The grounds for challenge usually involve facts showing that the arbitrator has a material relationship or financial interest that was not adequately disclosed, or that circumstances create a reasonable doubt about impartiality. The arbitrator or AAA evaluates the challenge, and the arbitrator may withdraw, or a final determination may be made about whether the challenge is valid.
Sources
Related guides
- The process
How AAA arbitration works
The eight stages of an AAA commercial arbitration, from the agreement to arbitrate through a final, enforceable award. - The economics
What AAA arbitration costs
The categories of cost — administrative fees, arbitrator compensation, discovery, experts — and what actually drives the total. - The timeline
How long AAA arbitration takes
The stages that set the schedule, typical ranges, and the factors that make a matter faster or slower. - The award
Enforcing an arbitration award
Confirmation under the Federal Arbitration Act, the narrow grounds for vacatur, and cross-border enforcement under the New York Convention. - The decision
How to choose an arbitrator
What counsel weigh when evaluating neutrals, and how the AAA strike-and-rank process works. - The numbers
AAA administrative fee calculator
The published Commercial fee schedule as a readable table, with the filing and final fees for a given claim and the track it falls into.
The full library is at Learn, including arbitration versus litigation. Ready-to-adapt drafting language is at Clause & stipulation language.
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