How Many Arbitrators?

• Author: David A. Allgeyer
• Pages: 21-22

21

CHAPTER 4

How Many Arbitrators?

Having determined arbitration is a good idea in your contract,

the question arises: how many arbitrators should we have?

Typically, the choice is between a panel of three arbitrators or a

single arbitrator. Each has advantages and disadvantages. Let’s

consider them.

PANEL ADVANTAGES

A panel of three arbitrators offers many advantages. First, you

will enjoy the benef‌its of the thinking of three professionals

rather than one. After all, there is a reason that appellate court

panels have three judges instead of one. A panel of three is, for

example, less likely to overlook an important fact, or misappre-

hend an important legal principle.

Second, different types of expertise can be brought to bear

in resolving the case. If you plan for it, you could choose a panel

where at least one panel member has signif‌icant expertise on

technical matters, another on f‌inancial matters, and another on

case management matters.

Third, with three arbitrators, there is less chance you will

encounter an arbitrator who has a specif‌ic attitude toward a spe-

cif‌ic type of case based on past experience. Although you hopefully

can reduce that possibility during the selection process, a panel

offers additional assurance that more viewpoints will be brought

to bear on the specif‌ic facts and circumstances of the case.