State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-567_41

§1‑567.41.  Appointment of arbitrators.

(a)        A person of anynationality may be an arbitrator.

(b)        The parties mayagree on a procedure of appointing the arbitral tribunal subject to theprovisions of subsections (d) and (e) of this section.

(c)        (1)        Ifan agreement is not made under subsection (b) of this section, in anarbitration with three arbitrators, each party shall appoint one arbitrator,and the two arbitrators thus appointed shall appoint the third arbitrator; if aparty fails to appoint the arbitrator within 30 days of receipt of a request todo so from the other party, or if the two arbitrators fail to agree on thethird arbitrator within 30 days of their appointment, the appointment shall bemade, upon request of a party, by the superior court.

(2)        In an arbitrationwith a sole arbitrator, if the parties are unable to agree on the arbitrator, asole arbitrator shall be appointed, upon request of a party, by the superiorcourt.

(3)        In an arbitrationinvolving more than two parties, if no agreement is reached under subsection(b) of this section, the superior court, on request of a party, shall appointone or more arbitrators, as provided in G.S. 1‑567.40.

(d)        The superior court,on request of any party, may take the necessary measures, unless the agreementon the appointment procedure provides other means for securing the appointment,if, under an appointment procedure agreed upon by the parties:

(1)        A party fails to actas required under such procedure; or

(2)        The parties, or twoarbitrators, are unable to reach an agreement expected of them under suchprocedure; or

(3)        A third party,including an institution, fails to perform any function entrusted to it undersuch procedure.

(e)        A decision of thesuperior court on a matter entrusted by subsection (c) or (d) of this sectionshall be final and not subject to appeal.

(f)         The superiorcourt, in appointing an arbitrator, shall consider:

(1)        Any qualificationsrequired of the arbitrator by the agreement of the parties;

(2)        Such otherconsiderations as are likely to secure the appointment of an independent andimpartial arbitrator;

(3)        In the case of asole or third arbitrator, the advisability of appointing an arbitrator of anationality other than those of the parties.

(g)        The parties mayagree to employ an established arbitration institution to conduct thearbitration.  If they do not so agree, the superior court may in its discretiondesignate an established arbitration institution to conduct the arbitration.

(h)        Unless otherwiseagreed, an arbitrator shall be entitled to compensation at an hourly or dailyrate which reflects the size and complexity of the case, and the experience ofthe arbitrator.  If the parties are unable to agree on such a rate, the rateshall be determined by the arbitral institution chosen pursuant to subsection(g) of this section or by the arbitral tribunal, in either case subject to thereview of the superior court upon the motion of any dissenting party. (1991,c. 292; 1993, c. 553, s. 6.)