State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-45

§ 50‑45.  Appointment ofarbitrators; rules for conducting the arbitration.

(a)        Unless the partiesotherwise agree in writing, a single arbitrator shall be chosen by the partiesto arbitrate all matters in dispute.

(b)        If the arbitrationagreement provides a method of appointment of arbitrators, this method shall befollowed. The agreement may provide for appointing one or more arbitrators.Upon the application of a party, the court shall appoint arbitrators in any ofthe following situations:

(1)        The method agreedupon by the parties in the arbitration agreement fails or for any reason cannotbe followed.

(2)        An arbitrator whohas already been appointed fails or is unable to act, and a successor has notbeen chosen by the parties.

(3)        The parties cannotagree on an arbitrator.

(c)        Arbitratorsappointed by the court have all the powers of those arbitrators specificallynamed in the agreement. In appointing arbitrators, a court shall consult withprospective arbitrators as to their availability and shall refer to each of thefollowing:

(1)        The positions anddesires of the parties.

(2)        The issues indispute.

(3)        The skill,substantive training, and experience of prospective arbitrators in thoseissues, including their skill, substantive training, and experience in familylaw issues.

(4)        The availability ofprospective arbitrators.

(d)        The parties mayagree in writing to employ an established arbitration institution to conductthe arbitration. If the agreement does not provide a method for appointment ofarbitrators and the parties cannot agree on an arbitrator, the court mayappoint an established arbitration institution the court considers qualified infamily law arbitration to conduct the arbitration.

(e)        The parties mayagree in writing on rules for conducting the arbitration. If the parties cannotagree on rules for conducting the arbitration, the arbitrators shall select therules for conducting the arbitration after hearing all parties and takingparticular reference to model rules developed by arbitration institutions orsimilar sources. If the arbitrators cannot decide on rules for conducting thearbitration, upon application by a party, the court may order use of rules forconducting the arbitration, taking particular reference to model rulesdeveloped by arbitration institutions or similar sources.

(f)         Arbitrators andestablished arbitration institutions, whether chosen by the parties orappointed by the court, have the same immunity as judges from civil liabilityfor their conduct in the arbitration.

(g)        "Arbitrationinstitution" means any neutral, independent organization, association,agency, board, or commission that initiates, sponsors, or administersarbitration proceedings, including involvement in appointment of arbitrators.

(h)        The court may awardcosts under G.S. 50‑51(f) in connection with applications and otherproceedings under this section. (1999‑185, s. 1; 2005‑187, s. 4.)

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-45

§ 50‑45.  Appointment ofarbitrators; rules for conducting the arbitration.

(a)        Unless the partiesotherwise agree in writing, a single arbitrator shall be chosen by the partiesto arbitrate all matters in dispute.

(b)        If the arbitrationagreement provides a method of appointment of arbitrators, this method shall befollowed. The agreement may provide for appointing one or more arbitrators.Upon the application of a party, the court shall appoint arbitrators in any ofthe following situations:

(1)        The method agreedupon by the parties in the arbitration agreement fails or for any reason cannotbe followed.

(2)        An arbitrator whohas already been appointed fails or is unable to act, and a successor has notbeen chosen by the parties.

(3)        The parties cannotagree on an arbitrator.

(c)        Arbitratorsappointed by the court have all the powers of those arbitrators specificallynamed in the agreement. In appointing arbitrators, a court shall consult withprospective arbitrators as to their availability and shall refer to each of thefollowing:

(1)        The positions anddesires of the parties.

(2)        The issues indispute.

(3)        The skill,substantive training, and experience of prospective arbitrators in thoseissues, including their skill, substantive training, and experience in familylaw issues.

(4)        The availability ofprospective arbitrators.

(d)        The parties mayagree in writing to employ an established arbitration institution to conductthe arbitration. If the agreement does not provide a method for appointment ofarbitrators and the parties cannot agree on an arbitrator, the court mayappoint an established arbitration institution the court considers qualified infamily law arbitration to conduct the arbitration.

(e)        The parties mayagree in writing on rules for conducting the arbitration. If the parties cannotagree on rules for conducting the arbitration, the arbitrators shall select therules for conducting the arbitration after hearing all parties and takingparticular reference to model rules developed by arbitration institutions orsimilar sources. If the arbitrators cannot decide on rules for conducting thearbitration, upon application by a party, the court may order use of rules forconducting the arbitration, taking particular reference to model rulesdeveloped by arbitration institutions or similar sources.

(f)         Arbitrators andestablished arbitration institutions, whether chosen by the parties orappointed by the court, have the same immunity as judges from civil liabilityfor their conduct in the arbitration.

(g)        "Arbitrationinstitution" means any neutral, independent organization, association,agency, board, or commission that initiates, sponsors, or administersarbitration proceedings, including involvement in appointment of arbitrators.

(h)        The court may awardcosts under G.S. 50‑51(f) in connection with applications and otherproceedings under this section. (1999‑185, s. 1; 2005‑187, s. 4.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-45

§ 50‑45.  Appointment ofarbitrators; rules for conducting the arbitration.

(a)        Unless the partiesotherwise agree in writing, a single arbitrator shall be chosen by the partiesto arbitrate all matters in dispute.

(b)        If the arbitrationagreement provides a method of appointment of arbitrators, this method shall befollowed. The agreement may provide for appointing one or more arbitrators.Upon the application of a party, the court shall appoint arbitrators in any ofthe following situations:

(1)        The method agreedupon by the parties in the arbitration agreement fails or for any reason cannotbe followed.

(2)        An arbitrator whohas already been appointed fails or is unable to act, and a successor has notbeen chosen by the parties.

(3)        The parties cannotagree on an arbitrator.

(c)        Arbitratorsappointed by the court have all the powers of those arbitrators specificallynamed in the agreement. In appointing arbitrators, a court shall consult withprospective arbitrators as to their availability and shall refer to each of thefollowing:

(1)        The positions anddesires of the parties.

(2)        The issues indispute.

(3)        The skill,substantive training, and experience of prospective arbitrators in thoseissues, including their skill, substantive training, and experience in familylaw issues.

(4)        The availability ofprospective arbitrators.

(d)        The parties mayagree in writing to employ an established arbitration institution to conductthe arbitration. If the agreement does not provide a method for appointment ofarbitrators and the parties cannot agree on an arbitrator, the court mayappoint an established arbitration institution the court considers qualified infamily law arbitration to conduct the arbitration.

(e)        The parties mayagree in writing on rules for conducting the arbitration. If the parties cannotagree on rules for conducting the arbitration, the arbitrators shall select therules for conducting the arbitration after hearing all parties and takingparticular reference to model rules developed by arbitration institutions orsimilar sources. If the arbitrators cannot decide on rules for conducting thearbitration, upon application by a party, the court may order use of rules forconducting the arbitration, taking particular reference to model rulesdeveloped by arbitration institutions or similar sources.

(f)         Arbitrators andestablished arbitration institutions, whether chosen by the parties orappointed by the court, have the same immunity as judges from civil liabilityfor their conduct in the arbitration.

(g)        "Arbitrationinstitution" means any neutral, independent organization, association,agency, board, or commission that initiates, sponsors, or administersarbitration proceedings, including involvement in appointment of arbitrators.

(h)        The court may awardcosts under G.S. 50‑51(f) in connection with applications and otherproceedings under this section. (1999‑185, s. 1; 2005‑187, s. 4.)

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