State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-567_45

§1‑567.45.  Appointment of substitute arbitrator.

(a)        Where the mandateof an arbitrator terminates for any reason, a substitute arbitrator shall beappointed according to the rules that were applicable to the appointment of thearbitrator being replaced.

(b)        Unless otherwiseagreed by the parties:

(1)        Where the number ofarbitrators is less than three and an arbitrator is replaced, any hearingspreviously held shall be repeated;

(2)        Where the presidingarbitrator is replaced, any hearings previously held shall be repeated;

(3)        Where the number ofarbitrators is three or more and an arbitrator other than the presidingarbitrator is replaced, any hearings previously held may be repeated at thediscretion of the arbitral tribunal.

(c)        Unless otherwiseagreed by the parties, an order or ruling of the arbitral tribunal made priorto the replacement of an arbitrator under this section is not invalid becausethere has been a change in the composition of the tribunal. (1991,c. 292.)