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GUIDELINE

Guideline for Drafting Letter by a Person Refusing to Act as an Arbitrator:

This letter is crucial when an individual declines the appointment as an arbitrator. Here's a concise guide for drafting this letter:

Title and Identification: Clearly title the letter as "Letter Refusing to Act as an Arbitrator." Include the names of the parties involved, case details, and the date.

Polite Introduction: Begin with a polite introduction, expressing gratitude for the offer and acknowledging the importance of the arbitration process.

Reasons for Refusal: Clearly state the reasons for declining the appointment as an arbitrator. This could include conflicts of interest, unavailability, or any other justifiable reasons.

Professional Courtesy: Express regret for not being able to accept the appointment and extend professional courtesy. Emphasize the importance of selecting an arbitrator who can fully commit to the process.

Offering Assistance: If applicable, offer assistance in recommending other qualified individuals who may be suitable for the arbitration role.

Common Mistakes to Avoid:

Lack of Clarity: Clearly articulate the reasons for refusing to act as an arbitrator, avoiding vague or unclear language.

Delay in Communication: Communicate the refusal promptly to allow the parties to make alternative arrangements without unnecessary delays.

Ignoring Professional Courtesy: Maintain a professional and respectful tone throughout the letter, even if declining the appointment.

Failure to Offer Alternatives: If applicable, offer assistance by suggesting alternative candidates, demonstrating a cooperative approach to the arbitration process.

Neglecting Confirmation: Ensure that the letter includes a clear confirmation of the refusal, leaving no room for ambiguity.

By adhering to these guidelines and avoiding common mistakes, a well-drafted Letter Refusing to Act as an Arbitrator ensures transparency and professionalism in the arbitration process. This letter is commonly used in various arbitration contexts when an individual, nominated or approached to serve as an arbitrator, cannot accept the appointment.

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