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Who decides how many arbitrators will hear a case?
January 19, 2006 by Ross Runkel at LawMemo
Schwartzberg filed an arbitration demand with the American Arbitration Association (AAA), asking for appointment of three arbitrators. Dockser sued Schwartzberg claiming there should be only one arbitrator.
The question before the court wasn't how many arbitrators there should be. The question was who should decide how many arbitrators there should be.
The 4th Circuit held that this was not a question for the court to decide. It must be decided by the AAA. The parties agreed to abide by the AAA rules, so that is the body that is authorized to make the decision. Dockser v. Schwartzberg (4th Cir 01/19/2006).
My view: I agree with the outcome and the reasoning. And with the court's comment that the litigation of this case did not serve the arbitration goals of saving time and money.
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