§ Rule 73 Appointment of Arbitrators

Rule 73. Appointment of Arbitrators

(a) Lawyer or Non-lawyer Arbitrators. The parties, by written stipulation and by written consent of the proposed arbitrator filed with the Clerk of the Superior Court with conformed copies to the Superior Court Administrator, may agree that the case be assigned to a single lawyer or non-lawyer arbitrator named in the stipulation. All other cases subject to arbitration shall be heard by an arbitrator selected as provided below.

(b) List of Arbitrators. Except as the parties may stipulate under the provisions of subdivision (a) of this rule, the arbitrator shall be appointed by the Court Administrator or Superior Court Clerk from a list of persons, as provided by local rule, which shall include the following:

(1) all residents of the county in which the court is located who, for at least four years, have been active members of the State Bar of Arizona.

(2) other active and inactive members of the State Bar of Arizona residing anywhere in Arizona, and members of any other federal court or state bar, who have agreed to serve as arbitrators in the county where the action is pending.

(1) Appointment of Arbitrator from List. The Superior Court Administrator or Superior Court Clerk, under the supervision of the Presiding Judge or that judge's designee, shall prepare a list of arbitrators who may be designated as to the area of concentration, specialty or expertise. By means of a method of selecting names at random from the list of arbitrators, the Superior Court Administrator or Superior Court Clerk shall select and assign to each case one name from the list of arbitrators.

(2) Timing of Assignment. Assignment to arbitration shall take place as soon as is feasible after the answer and controverting certificate are filed and in any event no later than 120 days thereafter.

(3) Notice of Appointment of Arbitrator. The Superior Court Administrator or Superior Court Clerk shall promptly notify the parties of the name of the arbitrator by mailing written notice to the parties and the arbitrator. The notice from the Superior Court Administrator or Superior Court Clerk shall advise the parties that the time periods specified for placing a case on the inactive calendar in Rule 38.1(d) of these rules shall apply.

(4) Right to Peremptory Strike. Within ten days after the mailing of such notice, or within ten days after the appearance of a party, if the arbitrator was appointed before that party appeared, either side may peremptorily strike the assigned arbitrator and request that a new arbitrator be appointed. Each side shall have the right to only one peremptory strike in any one case. A motion for recusal or motion to strike for cause shall toll the time to exercise a peremptory strike.

(d) Disqualifications and Excuses.

(1) Upon written motion and a finding of good cause therefor, the Presiding Judge or that judge's designee may excuse a lawyer from the list.

(2) An arbitrator, after selection, may be disqualified from serving in a particular assigned case upon motion of either party to the judge assigned to the case, for an ethical conflict of interest or other good cause shown as defined in A.R.S. §§ 12-409 or 21-211, submitted in accord with the procedure set out in Rule 42(f)(2) of these Rules.

(3) An arbitrator may be excused by the presiding judge or that judge's designee from serving in a particular assigned case upon a showing by the arbitrator that such individual has completed contested hearings and ruled as an arbitrator pursuant to these Rules in two or more cases assigned during the current calendar year or shall be excused on a detailed showing that such individual has an ethical conflict of interest or other good cause shown as defined in A.R.S. §§ 12-409 or 21-211, submitted in accord with the procedure set out in Rule 42(f)(2) of these Rules.

(4) After an arbitrator has been disqualified or excused under these rules, a new arbitrator shall be appointed in accordance with the procedure set forth in subdivision (c) of this Rule.