C. Selection of the Arbitrator(S)

• Jurisdiction: New York

C. Selection of the Arbitrator(s)

The selection of the arbitrator(s) can be provided for in the arbitration agreement, and the parties are free to establish any method or no method at all. Frequently, each party to the agreement will select one arbitrator, and these two will select a third neutral arbitrator.²¹ Another common procedure is to provide for appointment of the neutral arbitrator by the entity administering the arbitration. This neutral arbitrator usually acts as the chairperson during the proceedings.²² If the arbitration agreement specifies a method for choosing the arbitrator(s), these procedures should be carefully followed.²³ The parties to the agreement may determine the rules under which the arbitration will be conducted (for example, agreeing to proceed in accordance with the rules and procedures of a particular organization).²⁴ When the agreement is silent on the method of selection, or if the agreed method fails or is ignored, then the court, upon application, will select an arbitrator.²⁵ While consideration of threshold issues of arbitrability are generally separate from the merits of a grievance, there must be at least some colorable claim that the issue is arbitrable.²⁶

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Notes:

^[21] See Berg v. Berg, 85 A.D.3d 950, 951, 926 N.Y.S.2d 568 (2d Dep't 2011) (recognizing the practical reality that in a tripartite arbitration, each...