§ 7554 — Selection of arbitrators

§ 7554. Selection of arbitrators. (a) An arbitration under this\narticle shall be heard by a panel of three arbitrators. The chairperson\nof the panel shall be an attorney who shall be appointed to serve in\nsuch capacity on a full-time basis for a fixed term. The chairperson\nshall have jurisdiction over prehearing procedures. Qualifications for\nthe selection of such chairpersons shall be established by the\narbitration administrator, subject to the approval of the superintendent\nof financial services.\n (b) Except as otherwise provided in subdivision (e) of this section,\nthe remaining two arbitrators, hereinafter referred to as associate\narbitrators, shall be selected from a pool of candidates established\npursuant to the rules and procedures promulgated by the arbitration\nadministrator and approved by the superintendent of financial services.\nAttorneys whose practice substantially involves representation in\npersonal injury matters, physicians, dentists, hospital and health\nmaintenance organization personnel and other health care providers shall\nnot be eligible to serve as associate arbitrators. The rules and\nprocedures pertaining to selection of associate arbitrators under this\narticle shall provide that the arbitration administrator send\nsimultaneously to each party an identical list of associate arbitrator\ncandidates, together with a brief biographical statement on each\ncandidate. A party may strike from the list any name which is\nunacceptable and shall number the remaining names in order of\npreference. When the lists are returned to the arbitration administrator\nthey shall be compared and the first two mutually agreeable associate\narbitrator candidates shall be invited to serve.\n (c) When two mutually agreed upon associate arbitrators have not been\nselected from the first list, a second list of such candidates shall be\nsent in the manner provided for in subdivision (b) of this section.\n (d) If a complete panel is not selected by mutual agreement of the\nparties pursuant to subdivisions (b) and (c) of this section, then,\nunder applicable rules and procedures of the arbitration administrator,\nwhich are approved by the superintendent of financial services, the\narbitration administrator shall appoint the remaining associate\narbitrators. Any appointment of an associate arbitrator by the\narbitration administrator shall be subject to challenge by any party for\ncause. To be sufficient, a challenge must allege facts which establish\nthat community, professional or other pressures are likely to influence\nthe objectivity of the appointed associate arbitrator. A decision on a\nrequest to strike an arbitrator for cause shall be made by the\narbitration administrator.\n (e) The parties shall not be restricted to the associate arbitrator\ncandidates submitted for consideration. If all parties mutually agree\nupon one or more associate arbitrators, such arbitrators shall be\ninvited to serve.\n