(2) The parties may agree on a procedure for appointing the arbitrator or arbitrators, subject to the provisions of subsections (4), (5) and (6) of this section.
(3) If the parties do not agree on a procedure for appointing the arbitrator or arbitrators:
(a) In an arbitration with two parties and involving three or more arbitrators, each party shall appoint one arbitrator and the appointed arbitrators shall appoint the remaining arbitrators. If a party fails to appoint an arbitrator within 30 days of receipt of a request to do so from the other party or parties, or if the two appointed arbitrators fail to agree on the remaining arbitrators within 30 days of their appointment, then, upon the request of any party, the circuit court shall make the appointment.
(b) In an arbitration with more than two parties or in an arbitration with two parties involving fewer than three arbitrators, then, upon the request of any party, the arbitrator or arbitrators shall be appointed by the circuit court.
(4) Unless the parties’ agreement on the appointment procedure provides other means for securing the appointment, any party may request the circuit court to make the appointment if there is an appointment procedure agreed upon by the parties and if:
(a) A party fails to act as required under such procedure;
(b) The parties, or the appointed arbitrators, are unable to reach an agreement as expected of them under such procedure; or
(c) A third party, including an institution, fails to perform any function entrusted to it under such procedure.
(5) A decision by the circuit court on a matter entrusted to it by subsection (3) or (4) of this section shall be final and not subject to appeal.
(6) The circuit court, in appointing an arbitrator, shall have due regard to all of the following:
(a) Any qualifications required of the arbitrator by the agreement of the parties;
(b) Other considerations as are likely to secure the appointment of an independent and impartial arbitrator; and
(c) The advisability of appointing an arbitrator of a nationality other than those of the parties. [1991 c.405 §14; 1993 c.244 §3]
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