The fact that you can't do that with the public courts but you can with private arbitration makes it an issue with private arbitration. Parties with fewer reso

The fact that you can't do that with the public courts but you can with private arbitration makes it an issue with private arbitration. Parties with fewer resources are at a huge disadvantage in either system, but there are degrees of disadvantage. It is misleading to examine the outcome of arbitration once the rules are "agreed" to without taking into account that the process of setting the rules strongly influences said outcome.