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Arbitrator Selection in Minnesota

Discussion in 'Consumer Law, Contracts, Warranties' started by Jim Roberts, Jun 4, 2022.

  1. Jim Roberts

    Jim Roberts Law Topic Starter New Member

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    Jurisdiction:
    Minnesota
    If a contract specifies binding arbitration and doesn’t say how the arbitrator is selected, how is the arbitrator determined. I am looking to sign a contract with a solar installation contractor and I am concerned that it would leave the contractor in control of the process if it isn’t defined in the contract up front. I apologize if this is a common question. I searched but didn’t find anything. It seems like something that I should have been able to find via a google search, but received to many generic results.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    The American Arbitration Association web site will explain all of that to you. Scroll down to How Can The AAA Help You.

    American Arbitration Association | ADR.org

    There is information on finding an arbitrator and filing a case along with rules and forms.

    It's the AAA that controls things, not the contractor.
     
  3. Jim Roberts

    Jim Roberts Law Topic Starter New Member

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    Thanks for the reply. I’ve looked at their site, but couldn’t determine if their process was the default if nothing is specified in the contract. I’ve seen arbitration clause example that specifically say the AAA process will be used, but this proposed contract just says binding arbitration will be used.
     
  4. flyingron

    flyingron Well-Known Member

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    Generally the industry has a pool of arbitrators. They all submit discloures that would flag any bias for or against any of the parties. I am a FINRA arbitrator.
     
    Jim Roberts likes this.
  5. adjusterjack

    adjusterjack Super Moderator

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    That's all you need to know.

    If you have a dispute you file it with the AAA and go from there.

    If you want something different spelled out in your contract, ask for it. If the contractor says no, you are free to hire somebody else.
     
  6. Zigner

    Zigner Well-Known Member

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    I disagree. Absent contractual provisions to the contrary, the court in Minnesota is the entity that would deal with this, according to the Minnesota Uniform Arbitration Act.

    Ch. 572B MN Statutes
     
  7. flyingron

    flyingron Well-Known Member

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    While not mandating AAA, does hold it up as an example of using it as that contractual remedy.

    I just want to tell you both good luck. We're all counting on you.
     
  8. Zigner

    Zigner Well-Known Member

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    Yes, but if it's not specified, and not later agreed upon, then it falls to the court, upon application by one of the parties, to appoint an arbitrator.


    LOL
     
  9. zddoodah

    zddoodah Well-Known Member

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    In accordance with the rules of the forum through which the arbitration is conducted.

    So it doesn't specify any particular forum?
     

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