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Hello. Let me see if I can assist. The trial court is not obligated to replace the arbitrator if the arbitration will be futile and the trial court considers the basis for the withdrawal of the original arbitrator. The trial court has the discretion to address the motion to dismiss on its merits and disregard the replacement of the arbitrator. The court will be bound by the arbitration language in the agreement as to arbitration between the parties.
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You need to use the language and basis in the contract for arbitration. If that basis is futile - the court can do away with the arbitration.