The parties will select the arbitrators from the list of arbitrators discussed below.

Consistent with applicable law, the U.S. Department of Commerce and the European Commission will develop a list of at least 20 arbitrators, chosen on the basis of independence, integrity, and expertise.  The following shall apply in connection with this process:

  • (1) will remain on the list for a period of 3 years, absent exceptional circumstances or for cause, renewable for one additional period of 3 years;
  • (2) shall not be subject to any instructions from, or be affiliated with, either party, or any Privacy Shield organization, or the U.S., EU, or any EU Member State or any other governmental authority, public authority, or enforcement authority; and 
  • (3) must be admitted to practice law in the U.S. and be experts in U.S. privacy law, with expertise in EU data protection law.