PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Appointment of Arbitrator
6 Cards On This Topic:
  • The contractual right to three arbitrators is substantial and may not be altered by the court.
  • If parties have not agreed upon method or the method fails, petition can be made to trial court for appointment of arbitrator.
  • Arbitrator to be appointed by method agreed upon by the parties.
  • Court's order appointing third arbitrator after litigants could not decide on one was not final decision and, therefore, not appealable.
  • Impartiality disclosure not required until arbitrator is actually selected by parties or appointed by court ••and•• notified as required by CCP 1281.9(b).
  • Trial court lacked authority to appoint arbitrator after chosen arbitral forum refused to conduct arbitration.