How many arbitrators should I find?

UPDATED: Jul 13, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 13, 2023

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UPDATED: Jul 13, 2023Fact Checked

You usually only need to find one arbitrator to hear a case. Sometimes an arbitration agreement (or the rules of an association that are incorporated by reference in the agreement) will provide for three or more neutral arbitrators. There are always an odd number of arbitrators so that a decision can be made by a majority. In some cases, a “tripartite” arbitration panel is used. In tripartite arbitration each party picks its own party-appointed arbitrator and the two party-appointed arbitrators choose a neutral third arbitrator.

An arbitrator plays the same roll as a trial court judge. They listen to the case and make a final decision. When there are more than one arbitrator required, they will each reach their own independent decision and then whoever has the majority vote will be the prevailing party.

If you are given the discretion of selecting the arbitrator or of choosing one of the three arbitrators, there are many ways to determine if they will be more favorable to your side. First, inquire about the arbitrator’s experience. Most arbitrators are retired judges or attorneys. If the arbitration proceeding will deal with highly specialized information, then locate an arbitrator who is familiar with your area of law. If you are still at a loss for choosing an arbitrator, consult with your attorney about your choice. Remember that the arbitration proceeding will be handled like a trial, so it only makes sense that you proceed with an attorney. The legal community in cities is quite small and attorneys will usually know who a favorable arbitrator may be. Finally, if you are planning on going with a retired judge arbitrator, run a search for them online. See what types of cases they listened to as a judge and perhaps even if there are any comments about how they responded to cases.

Case Studies: Understanding Arbitration and Arbitrators

Case Study 1: Arbitration With a Single Arbitrator

Sarah’s dispute was subject to an arbitration agreement that required the involvement of a single arbitrator. She sought the expertise of an attorney experienced in arbitration matters to guide her through the process. The arbitrator, an experienced retired judge, carefully listened to the arguments presented by both parties and ultimately rendered a final decision. Despite Sarah’s efforts, the arbitrator’s ruling favored the other party, highlighting the importance of effective presentation and strategic selection of an arbitrator.

Case Study 2: Tripartite Arbitration Panel

Michael’s case involved a tripartite arbitration panel. Each party selected their own arbitrator, and the two party-appointed arbitrators then selected a neutral third arbitrator. Michael’s legal team thoroughly researched potential arbitrators and strategically chose individuals with expertise in his specific area of law. The panel carefully reviewed the evidence and arguments from both sides and made a final decision based on the majority vote. In this case, the tripartite arbitration process provided a balanced and fair resolution.

Case Study 3: Federal Arbitration Appeal

Emily’s case involved arbitration in a Federal court. Seeking a favorable outcome, she appealed the arbitration decision to a Federal appellate court. With the guidance of an experienced attorney in Federal appellate matters, Emily navigated the complex procedures and presented compelling arguments. The appellate court carefully reviewed the evidence and overturned the initial arbitration decision, highlighting the significance of skilled legal representation and the potential for a successful appeal.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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