Imagine that you and another respondent in an arbitration have the opportunity to select two arbitrators. You then discover that the opposing five claimants may select seven arbitrators. You are outraged, but  confident that no court would ever allow an arbitration to proceed which is so clearly unfair. Right? Wrong!

In fact, it may be possible for a party to find that its appointed arbitrators are outnumbered, and the court will not intervene because the parties had agreed to this possibility in the arbitration agreement.