Arizona

Civil Procedure

Civil Procedure

Rule 73 – Appointment of Arbitrator

(a) Mutually Agreed Arbitrator. If the parties agree on a person to serve as the arbitrator and the proposed arbitrator consents, the clerk or court administrator must assign the action to that person upon the filing of a written stipulation requesting the person’s appointment. The stipulation must include the written consent of the proposed arbitrator, and a conformed copy must be delivered to the court administrator.
(b) Appointment of Arbitrator. Unless the parties stipulate to the assignment of an arbitrator under Rule 73(a), the clerk or court administrator must appoint the arbitrator from a list of eligible arbitrators as provided in local rule. The clerk or court administrator must randomly select and then assign to each action one arbitrator from the list.
(c) List of Eligible Arbitrators. The clerk or court administrator, under the supervision of the presiding superior court judge in the county or that judge’s designee, must prepare a list of arbitrators who may be designated by their area of concentration, specialty, or expertise. The list of eligible persons must include the following:

(1) all county residents who have been active members of the State Bar of Arizona for at least 4 years;
(2) all other members of the State Bar of Arizona residing in other counties who have agreed to serve as arbitrators in the county where the court is located; and
(3) all members of any other federal court or state bar who have agreed to serve as arbitrators in the county where the court is located.

On written motion showing good cause, the presiding judge or that judge’s designee may excuse a lawyer from the list of arbitrators.

(d) Timing of Appointment. The clerk or court administrator must appoint an arbitrator to an action no later than 120 days after an answer is filed.
(e) Notice of Appointment. The clerk or court administrator must promptly distribute written notice of the arbitrator’s appointment to the parties and the arbitrator. The written notice must advise the parties of the deadline specified in Rule 38.1(d) for placing an action on the Dismissal Calendar.
(f) Change of Arbitrator as of Right. In any action, each side is entitled as of right to a change of one arbitrator. Each action, even if consolidated with another action, must be treated as having only two sides. A party waives the right to change of arbitrator if the right is not exercised within 10 days after the date of the written notice of appointment. If a party enters an appearance after the arbitrator is appointed, that party waives the right to change of arbitrator if it is not exercised within 10 days after that party’s appearance. A motion for recusal or motion to strike for cause tolls the time to exercise a change of arbitrator as of right.
(g) Disqualifying or Excusing an Arbitrator.

(1)Disqualifying an Arbitrator. On motion, the court may disqualify an appointed arbitrator from serving in a particular action. The motion must be in writing and establish that the arbitrator has an ethical conflict of interest or that other good cause exists under A.R.S. § 12-409 or § 21-211. The motion must be submitted to and considered by the judge assigned to the action in accordance with the procedures provided in Rule 42.2.
(2)Excusing an Arbitrator. The presiding superior court judge or that judge’s designee may excuse an arbitrator from serving in a particular action on the arbitrator’s showing that he or she has completed contested hearings and ruled as an arbitrator under these rules in two or more actions assigned during the current calendar year.
(3)Replacement. If the court disqualifies or excuses an arbitrator, the clerk or court administrator must appoint a new arbitrator consistent with these rules.

Ariz. R. Civ. P. 73

Amended effective January 1, 2017.