Maybe I'm missing something here. I don't see where the court will appoint the third member.
To the extent necessary, Patriot Scientific Corp. (“Patriot”) seeks relief from the automatic stay to amend a demand in a pending arbitration to add Technology Properties Limited, LLC (“TPL”) as a respondent.
Patriot further seeks relief to prosecute the arbitration to final award.
http://photos.imageevent.com/banos/tplbk/Motion%20for%20Relief%20From%20Stay%20by%20PTSC%207-8-14.pdf