9 U.S.C. § 5
Section 5 · Appointment of arbitrators or umpire
Amended 1 time on record
Applied in 243 court decisions — leading case 15 Cal. 4th 951 - Engalla v. Permanente Medical Group, Inc. (1997)
Most recently applied in 2025 Ark. App. 597 - Progressive Eldercare Services, Inc. v. Campbell (December 2025)
Cases citing this section usually also cite 9 U.S.C. § 2 · 9 U.S.C. § 1 · 9 U.S.C. § 4
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
If in the agreement provision be made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method shall be followed; but if no method be provided therein, or if a method be provided and any party thereto shall fail to avail himself of such method, or if for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators or umpire, or in filling a vacancy, then upon the application of either party to the controversy the court shall designate and appoint an arbitrator or arbitrators or umpire, as the case may require, who shall act under the said agreement with the same force and effect as if he or they had been specifically named therein; and unless otherwise provided in the agreement the arbitration shall be by a single arbitrator.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Derivation
Act Feb. 12, 1925, ch. 213, §5, 43 Stat. 884.