§ 85A-311. Method of appointing arbitrator.

A.  If the parties to an arbitration agreement agree on a method for appointing an arbitrator, that method shall be followed, unless the method fails.  If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the Commission, on motion of a party to the arbitration proceeding, shall appoint the arbitrator.  An arbitrator appointed by the Commission has all the powers of an arbitrator designated by the arbitration agreement.

B.  An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding, or a known, existing, and substantial relationship with a party to the arbitration proceeding, may not serve as an arbitrator unless agreed to in writing by the parties.

Added by Laws 2013, c. 208, § 132, eff. Feb. 1, 2014.