Sec. 4. If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence of such an agreement, any method of appointment of arbitrators agreed upon by the parties to the contract shall be followed. When an arbitrator appointed fails or is unable to act, a successor shall be appointed in the same manner as the original appointment. If the method of appointment of arbitrators is not specified in the agreement and can not be agreed upon by the parties, or if agreed method fails or for any reason can not be followed, or if an arbitrator appointed fails or is unable to act and a successor has not been appointed within a reasonable time, the court on application of a party shall appoint one (1) or more arbitrators, who have all the powers of an arbitrator appointed according to the agreement.
Ind. Code § 34-57-2-4
Appointment of arbitrators by agreement or by court
Known as the Uniform Arbitration Act
The act spans §§ 34-57-2-1 to 34-57-2-9 (22 sections).
Applied in 1 court decision — leading case Destination Yachts, Inc., and Sheldon Graber v. Shirley Pierce and Al Burnham (2018)
Most recently applied in Destination Yachts, Inc., and Sheldon Graber v. Shirley Pierce and Al Burnham (October 2018)
As added by P.L.1-1998, SEC.53.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.