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Lori, Attorney
Category: Legal
Satisfied Customers: 8691
Experience:  Attorney with over 25 years experience
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Re: Arbitration. When arbitrator quits and one of parties

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Re: Arbitration. When arbitrator quits and one of parties files motion to dismiss claiming arbitration impossible then other party files FAA Section 5 request for court to appoint arbitrator, is trial court mandated/obligated to replace arbitrator or can it simply wait until hearing and dismiss case first, then declare Section 5 request "moot" does this violate Federal Arbitration Act or any other law ? i
JA: Please give me a sec to read that.
Customer: ...
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by state.
Customer: DC
JA: Thanks for these details. We'll do all we can to help. Anything else you want the Lawyer to know before I connect you?
Customer: no. not at this time. but would like as much confidentiality as possible

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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Customer: replied 11 days ago.
Where is criteria re futility & replacement as court waited months for status hearing ? What source or case law so I can challenge?
Customer: replied 11 days ago.
Tls good info
Customer: replied 11 days ago.
Need to challenge

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.

Customer: replied 11 days ago.
Ok big help. I will have more Q. How. To contact u
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Customer: replied 11 days ago.
For Lori gets Q to you?
Customer: replied 11 days ago.
Don't see stars but when find u get 5
Customer: replied 11 days ago.
let's start discussion on email...that would help me formulate talk option is great, but money very tight right now....let's work with email first....I'm stepping away from work a short while....back later....also are you available tomorrow? there a time frame for rating?.....