I refer to the article, “Maritime lawyers and arbitrators divided over a matter of degree” posted on 29 July 2019, and thank you and Mr Juliano for your interest in dispute resolution services in New York and the US.
With respect to representing parties in an arbitration, there is no divide between “maritime lawyers and arbitrators”.
Interested parties
The Society of Maritime Arbitrators is a body of experienced maritime professionals who impartially decide disputes submitted to them by the consent of the interested parties.
Neither the SMA (nor the LMAA, its London counterpart) is there to provide a body of persons to represent or act as advocates for parties to the underlying disputes.
As to accountability, the SMA is accountable to the broad based maritime industry it was formed to serve. That industry has affirmed the value of SMA arbitration over those 50 years.
The arbitrators selected by the parties “administer” the dispute before them. There is no filing fee for an SMA arbitration
Clauses calling for arbitration in New York, often in accordance with the SMA rules and before persons who are SMA members, are included in both standard forms and specially negotiated industry agreements.
Greater understanding
Moreover, in order to better the industry's understanding of the many issues confronting its decision makers, the SMA has transparently published over 4,000 fully reasoned arbitration awards.
Most older and all current awards are also accessible on Lexis/Nexis and/or Westlaw. Finally, courts routinely and regularly affirm awards issued by SMA arbitrators.
The arbitrators selected by the parties “administer” the dispute before them. There is no filing fee for an SMA arbitration.
Rigorous training
The SMA vets prospective members through a membership committee, a board of governors, and the membership at large and, as Ilarion Marr of Dispute Resolution Services points out, has a rigorous training program for persons before they are admitted to membership.
Members are required to abide by a code of ethics, and there is a standing Professional Conduct Committee. The qualifications of SMA members, as described on the SMA roster of members, speak for themselves.
LeRoy Lambert is vice president of the Society of Maritime Arbitrators
