Arbitration Espresso

How many arbitrators decide?

In today’s episode of Arbitration Espresso, I’m going to answer how many arbitrators decide a dispute, the one rule to follow and the pros and cons of a single arbitrator.  Welcome to Arbitration Espresso.  I’m Lara Pair, founder of Pair Fact Legal.

Let’s tackle the first question - how many arbitrators decide? The quick answer is, it depends on what you have chosen. Remember that everything about the procedure is decided on by you and the party you have the dispute with.

What’s the one rule that must be followed? There can never be an even number of arbitrators. Typically there is either one or three. The most common number is 3 but when disputes are small or you have decided on an expedited procedure there is generally only one arbitrator.

If there's only one arbitrator, you and the party you have the dispute must agree on that individual. If you cannot come to agreement there are ways to have the arbitrator appointed by an appointing authority. That is not ideal. Remember, one of the main reasons for arbitration is that you can pick your arbitrator yourself.

If there are three arbitrators, the general procedure followed is that each side chooses one arbitrator and both arbitrators together choose the third. The final decision is then made by the majority.

One point I need to make here is that arbitrators are paid by the parties, so the more arbitrators, the higher the cost. On the other hand, having a single arbitrator means you are leaving your fate in the hands of one person.  

Want to discuss the pros and cons of arbitration more?  Schedule a call with our team.

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