When A Party Arbitrator Has To Quit An Arbitration

Law360, New York (August 7, 2009, 1:22 PM EDT) -- In arbitration proceedings, most disputes regarding the selection of arbitrators are about the initial selection. But complications may arise even where the parties agreed with the initial selection, such as when the selected arbitrator is forced to retire.

Given that the parties’ stated desire, as articulated by the underlying arbitration clause, was to avoid litigation, may a court intervene in replacing the arbitrator?

And if a party’s retired arbitrator becomes available again during the pendency of the proceedings, can that party be forced to accept this...
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