Arbitration itself is not a problem. The selection of the arbiters is. From what I have seen, in Europe generally the panel is composed of two members chosen by the two parties and a third one by common agreement (any previous agreement being null and void) or, in case of disagreement, nominated by the president of the local tribunal.
> Arbitration itself is not a problem. The selection of the arbiters is.
That's true, if the goal is to settle a specific unique dispute between two parties.
The problem is that arbitration in the US isn't used as strategy to settle such disputes, it's used to keep disputes secret and divide-and-conquer wronged parties to make dispute settlement impractical for them. Basically, it serves to tip the scales further in favor of the largest, savviest players.
