Arbitration generally permits its users to select arbitrators in the manner that they see fit. While this is thought of as a beneficial characteristic of arbitration, it can be challenging in certain industries where there may not be a deep pool of arbitrators to choose from.

It is likewise challenging where, because of this small pool, parties tend to use the same arbitrators over-and-over again. The repeat appointment of arbitrators is a problem as it can call into question the impartiality and independence of an arbitrator from a party. Indeed, even where the arbitrator is impartial and independent, there may still be questions about the appearance of impropriety.