One or Three? How Many Arbitrators Do You Need? (IDN Podcast 88)

Clip length/Date:(17:10min - 04/23/10)

Summary: The new 88th episode of International Dispute Negotiation looks at arbitration, and attacks one of the basic practice questions: How many on the panel?

Jennifer Kirby , a Paris-based partner of London’s Herbert Smith LLP, and former deputy secretary general of the International Chamber of Commerce’s Court of International Arbitration, joins our host Mike McIwrath to discuss strategy.

Three arbitrators is the tradition. It may work better if you can foresee, say, an ill or unavailable solo. Or a “terrorist” arbitrator.

But it also may mean compromise decisions.

IDN 88 is the first of two parts. Next time, the focus will be on bridging the gap from “conventional” three-arbitrator practice to a one-arbitrator setting--and how to persuade the other side that one may be better in many instances.

In these IDNs, Kirby expands on her 2009 article, "With Arbitrators, Less Can be More: Why the Conventional Wisdom on the Benefits of Having Three Arbitrators May Be Overrated,"   26(3) Journal of International Arbitration 337-355 (2009).  You can read it here.

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