What Happens if There Is an Arbitrator Vacancy?
Bob just learned that one of the three arbitrators is hospitalized with COVID-19 and must step down from the panel. The same panel that has not received the post-hearing briefs, let alone made its final arbitration award.
March 17, 2021 at 12:25 PM
7 minute read
Charles F. Forer, Charles F. Forer Alternative Resolution Services ADR
Editor's note: This article describes a hypothetical situation.
Bob is now involved in the longest arbitration proceeding of his life. The hearing alone lasted three weeks. And it is not close to being over. In fact, it has not yet begun. Huh?
Let's rewind. The parties chose a three-neutral-arbitrator panel to decide a complex case with millions of dollars at stake. As Bob explained to his client, a three-arbitrator panel made sense: "Yes, it will be more costly and it probably will take longer. And it won't be easy finding hearing dates that are convenient for all the parties and arbitrators. But having more than one arbitrator can prevent outlier awards—three arbitrators often will compromise to reach a final award." Bob always thinks of everything.
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