Jimbo sez?
With arbitration, where actual votes on judicial outcomes will be likely, is strikes me that 'en banc' hearings are going to be best at first, with '3 judge panels' being appointed later on if the caseload actually demands it.
Alex R sez
My only concern is that if one party to arbitation has taken away the right to chose an arbitrator this is seen as undue influence or duress. If they have a choice amongst qualified arbitrators and the arbitrators are of differing points of view (some more sympathetic than others as can be culled from their prior posts of Wikipedia) then there is some amount of fairness or due process. Remember that the basis of arbitration is contract law, not any kind of state sovereignity. We are working on it though ;-).
The usual procedure is for each party to a controvery to pick one arbitrator, the two arbitrators picked then pick the third.
Fred