(1) 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. The
arbitrator so appointed has all the powers of an arbitrator
designated in the agreement to arbitrate or appointed under the
agreed method.
(2) An arbitrator 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 a neutral arbitrator.
[2005 c 433 § 11.]