§658A-11 - Appointment of arbitrator; service as a neutral arbitrator.
[§658A-11] Appointment of arbitrator;
service as a neutral arbitrator. (a) If the parties to an agreement to
arbitrate 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 court, on motion of a party to the
arbitration proceeding, shall appoint the arbitrator. An arbitrator so
appointed has all the powers of an arbitrator designated in the agreement to
arbitrate or appointed pursuant to the agreed method.
(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 may not serve as an
arbitrator required by an agreement to be neutral. [L 2001, c 265, pt of §1]