5-433. Appointment of arbitrator; service as a neutral arbitrator. (a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.
(b) An individual who has a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral.
History: L. 2018, ch. 90, ยง 11; July 1.
Structure Kansas Statutes
Chapter 5 - Arbitration And Award
Article 4 - Uniform Arbitration Act
5-426 Effect of agreement to arbitrate; nonwaivable provisions.
5-427 Application for judicial relief.
5-428 Validity of agreement to arbitrate.
5-429 Motion to compel or stay arbitration.
5-431 Initiation of arbitration.
5-432 Consolidation of separate arbitration proceedings.
5-433 Appointment of arbitrator; service as a neutral arbitrator.
5-434 Disclosure by arbitrator.
5-436 Arbitrator immunity; competency to testify; attorney fees and costs.
5-438 Representation by lawyer.
5-439 Witnesses; subpoenas; depositions; discovery.
5-440 Judicial enforcement of pre-award ruling by arbitrator.
5-442 Change of award by arbitrator.
5-443 Remedies; fees and expenses of arbitration proceeding.
5-446 Modification or correction of award.
5-447 Judgment on award; attorney fees and litigation expenses.
5-451 Uniformity of application and construction.
5-452 Relationship to electronic signatures in global and national commerce act.