2017 ORS 36.482¹
Substitute arbitrator
  • effect of substitution

(1) In addition to the circumstances referred to under ORS 36.478 (Procedure for challenging arbitrator) and 36.480 (Withdrawal of arbitrator), the mandate of an arbitrator terminates upon withdrawal from office for any reason, or by or pursuant to the agreement of the parties.

(2) Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.

(3) Unless otherwise agreed by the parties:

(a) Where the number of arbitrators is less than three and an arbitrator is replaced, any hearings previously held shall be repeated.

(b) Where the presiding arbitrator is replaced, any hearings previously held shall be repeated.

(c) Where the number of arbitrators is three or more and an arbitrator other than the presiding arbitrator is replaced, any hearings previously held may be repeated at the discretion of the arbitral tribunal.

(4) Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section is not invalid because there has been a change in the composition of the tribunal. [1991 c.405 §18]

1 Legislative Counsel Committee, CHAPTER 36—Mediation and Arbitration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors036.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.