Except as provided by chapter 21-25B, if the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.
S.D. Codified Laws § 21-25A-9
Appointment of arbitrators according to agreement--Appointment by court
Known as the Uniform Arbitration Act
The act spans §§ 21–21 (38 sections).
Applied in 1 court decision — leading case 684 F. Supp. 2d 1161 - Jones v. GGNSC PIERRE LLC (2010)
Most recently applied in 684 F. Supp. 2d 1161 - Jones v. GGNSC PIERRE LLC (February 2010)
Source: SL 1971, ch 157, § 3; SL 1976, ch 155, § 4.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.