Arbitrator Selection in Minnesota

[Jim Roberts]

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.

 

[adjusterjack]

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.

 

[Jim Roberts]

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.

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.

 

[flyingron]

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.

 

[adjusterjack]

this proposed contract just says binding arbitration will be used.

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.

 

[Zigner]

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.

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

 

[flyingron]

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

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

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.

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

 

[Zigner]

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

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.

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

LOL

 

[zddoodah]

If a contract specifies binding arbitration and doesn't say how the arbitrator is selected, how is the arbitrator determined.

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

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.

So it doesn't specify any particular forum?