9 U.S.C. § 5 — Appointment of arbitrators or umpire

submitted 79 years ago by ch. 392 to r/title-9-ARBITRATION · 142 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the arbitration agreement says how to pick an arbitrator or umpire, that method must be used. If there's no method, or it fails, or someone doesn't use it, a court appoints one instead. Unless the agreement says otherwise, arbitration is done by a single arbitrator.

If the arbitration agreement spells out a method for naming an arbitrator, arbitrators, or an umpire, that method has to be followed. But sometimes that doesn't happen — maybe the agreement has no method at all, or it has one but a party fails to use it, or for some other reason no one gets named, or a vacancy doesn't get filled. In any of those situations, either party to the dispute can ask a court to step in. The court will then appoint the arbitrator, arbitrators, or umpire needed, and that person has exactly the same authority as if the agreement had named them directly. Unless the agreement says something different, the arbitration is handled by a single arbitrator.

the actual law source: uscode.house.gov ↗public domain

If in the agreement provision be made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method shall be followed; but if no method be provided therein, or if a method be provided and any party thereto shall fail to avail himself of such method, or if for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators or umpire, or in filling a vacancy, then upon the application of either party to the controversy the court shall designate and appoint an arbitrator or arbitrators or umpire, as the case may require, who shall act under the said agreement with the same force and effect as if he or they had been specifically named therein; and unless otherwise provided in the agreement the arbitration shall be by a single arbitrator.

Source credit: (July 30, 1947, ch. 392, 61 Stat. 671.)

history & why it existsrecord from the source credit

1947Enacted · Act of July 30, 1947, ch. 392 · 61 Stat. 671

A history note hasn’t been published yet. The record shows enactment by ch. 392 on 1947-07-30.

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