Arbitrator Selection and Replacement Clause Samples

Arbitrator Selection and Replacement. (a) Unless the Arbitrator(s) has been previously selected by agreement of the Parties, the Case Administrator at the Preliminary Conference may attempt to reach agreement among the Parties regarding selection of the Arbitrator(s). (b) If the Parties do not agree on an Arbitrator within seven (7) calendar days of when the Preliminary Conference was or should have been held, the Case Administrator will send the Parties a list of at least five (5) Arbitrator candidates. JAMS/ENDISPUTE will also provide each Party with a brief description of the background and experience of each Arbitrator candidate. Any Party may, within seven (7) calendar days of receipt of the list of names, challenge an Arbitrator candidate for cause. The Director of Professional Services or Senior Judicial Officer or other "lead neutral" of the particular JAMS/ENDISPUTE office will promptly rule on such challenge, and his or her decision will be final. If a challenge for cause is upheld, a replacement name will be sent to the Parties. Within seven (7) calendar days of the receipt by the Parties of the final list of names, each Party may strike two (2) names, and will rank the remaining Arbitrator candidates in order of preference. The remaining Arbitrator candidate with the highest composite ranking will become the Arbitrator. If this process does not yield an Arbitrator, JAMS/ENDISPUTE will designate the Arbitrator. (c) If a Party fails to respond to the list of Arbitrator candidates within seven (7) calendar days of the receipt by the Parties of the final list, the Case Administrator will deem that Party to have accepted all of the Arbitrator candidates. (d) In cases involving more than two Parties or the selection of more than one Arbitrator, the Case Administrator's list will include a sufficient number of candidates to yield the specified number of Arbitrators, while allowing each Party up to two (2) strikes. (e) Entities whose interests are not adverse with respect to the issues in dispute will be treated as a single Party for purposes of the Arbitrator selection process. JAMS/ENDISPUTE will determine whether the interests between entities are adverse for purposes of Arbitrator selection, considering such factors as whether the entities are represented by the same attorney and whether the entities are presenting joint or separate positions at the Arbitration. (f) If, for any reason, the Arbitrator who is selected is unable to fulfill the Arbitrator's duties, a successor Arbitrator w...