§ 172.051.Number of Arbitrators
Title 7. Alternate Methods of Dispute Resolution · Chapter 172. Arbitration and Conciliation of International Commercial Disputes · Subchapter C. Arbitrators · Last amended 1997 · Last verified August 29, 2026
Full Text of § 172.051
Plain-English Summary
The default panel size, stated in a single line.
One arbitrator is the default. An arbitration under this chapter has a sole arbitrator unless the parties agree otherwise.
The parties commonly do agree otherwise. Three-member tribunals are standard in large international disputes, and Section 172.053(b) supplies a procedure for exactly that configuration.
A sole arbitrator is faster and cheaper. One calendar to coordinate, one fee to pay, no deliberation among members.
A three-member tribunal buys something else. Each side participates in constituting the panel, which matters when the parties come from different legal systems.
The default choice reflects proportion. Not every international dispute is large, and a statute defaulting to three arbitrators would make small ones uneconomic.
The number affects several later sections. Section 172.081 requires a majority decision on a multi-member tribunal, and Section 172.063 governs replacing a member.
Institutional rules often set their own default, and Section 172.033 makes those rules part of the agreement.
Chapter 171 has no equivalent default, leaving appointment entirely to the agreement and, failing that, to the court under Section 171.041.
Cost is the practical consideration. Three arbitrators mean three sets of fees and three calendars, which can multiply both the expense and the elapsed time of a case.
Many clauses tie the number to the amount in dispute, taking a sole arbitrator below a threshold and three above it.
Frequently Asked Questions
How many arbitrators does an international arbitration have?
One, unless the parties agree to additional arbitrators.
Can the parties choose three?
Yes, and Section 172.053(b) supplies a default appointment procedure for a three-member tribunal.
Do institutional rules change this?
They can. Rules referred to in the agreement are part of the agreement.
Amendment History
- Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-7 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995. Amended by
- Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.