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if you don't have a properly agreed-upon arbitration process, you can end up doing just as much or more discovery, she says. "If the rules are silent or you haven't agreed to rules, the arbi- trator can act just like a court in ordering just as much produc- tion as you'd typically have [in court] anyway," she says. Avery says it can be difficult to find arbitrators in the oil and gas sector, particularly if you're looking for a panel of three with sufficient expertise. She says if you have the stronger case and you're confident you can get an impartial arbitrator, her preference is a panel of one. (Arbitrators are usually retired judges, but it's not uncom- mon for retired lawyers to arbitrate cases. People in both profes- sions understand the rules of engagement.) "Three is administratively more challenging. Oftentimes the chair is selected by the stronger arbitrator, so if you pick the weaker arbitrator it's kind of stacked against you already," she says. Avery says the time and cost savings are often a red herring in arbitration because litigation often settles the issues the arbitra- tor is entitled to decide. "You could be in court for years determining what the ar- bitrator can decide before you go back to the arbitration," she says. IH going to go badly. Frequently, the potential that the relationship is parties are suffering from deal fatigue. They've negotiated the deal and the arbitration clause is sometimes put in with little thought." — JONATHAN KROFT, EXECUTIVE VICE PRESIDENT OF RISK MANAGEMENT, WELLINGTON WEST CAPITAL "It's a downer to think about the The perfect fit Pallett Valo LLP is a business law firm that provides customized legal services to fit your unique business requirements. Our Right-Sized Thinking approach is key to our exemplary service. Unmatched Service through a Customized Approach That's Right-Sized Thinking PalletValo_IH_2_June_08.indd 1 C ANADIAN Lawyer INHOUSE JUNE 2008 9 4/24/08 4:41:06 PM