Title 9, ArbitrationRelease 119-102
§5 Appointment of Arbitrators or Umpire
Title 9 › CHAPTER 1 — GENERAL PROVISIONS › § 5
Summary
Follow the agreement's method for picking arbitrators. If the agreement has no method, someone doesn't use it, or there's a gap or vacancy, either side can ask a court to name an arbitrator or umpire. The court's choice has the same power as if the contract had named them. If the agreement says nothing, one arbitrator will decide.
Full Legal Text
Title 9, §5
Arbitration, Source: USLM XML via OLRC
If in the agreement provision be made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method shall be followed; but if no method be provided therein, or if a method be provided and any party thereto shall fail to avail himself of such method, or if for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators or umpire, or in filling a vacancy, then upon the application of either party to the controversy the court shall designate and appoint an arbitrator or arbitrators or umpire, as the case may require, who shall act under the said agreement with the same force and effect as if he or they had been specifically named therein; and unless otherwise provided in the agreement the arbitration shall be by a single arbitrator.
Legislative History
Notes & Related Subsidiaries
DerivationAct Feb. 12, 1925, ch. 213, § 5, 43 Stat. 884.
Reference
Citations & Metadata
Citation
9 U.S.C. § 5
Title 9, Arbitration
Last Updated
Aug 21, 2026
Release point: 119-102