Rule 73.Appointment of arbitrator.

Last verified July 1, 2026

In one sentenceRule 73 governs how an arbitrator is selected for a case, whether by the parties' agreement or random assignment from a list of eligible arbitrators, and how a party can change or challenge that assignment.

Full Text of Rule 73

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) Mutually agreed arbitrator. If the parties agree on a person to serve as the arbitrator and the proposed arbitrator consents, the clerk or court administrator must assign the action to that person upon the filing of a written stipulation requesting the person’s appointment. The stipulation must include the written consent of the proposed arbitrator, and a conformed copy must be delivered to the court administrator.

(b) Appointment of arbitrator. Unless the parties stipulate to the assignment of an arbitrator under Rule 73(a), the clerk or court administrator must appoint the arbitrator from a list of eligible arbitrators as provided in local rule. The clerk or court administrator must randomly select and then assign to each action one arbitrator from the list.

(c) List of eligible arbitrators. The clerk or court administrator, under the supervision of the presiding superior court judge in the county or that judge’s designee, must prepare a list of arbitrators who may be designated by their area of concentration, specialty, or expertise. The list of eligible persons must include the following:

(1) all county residents who have been active members of the State Bar of Arizona for at least 4 years;

(2) all other members of the State Bar of Arizona residing in other counties who have agreed to serve as arbitrators in the county where the court is located; and

(3) all members of any other federal court or state bar who have agreed to serve as arbitrators in the county where the court is located. On written motion showing good cause, the presiding judge or that judge’s designee may excuse a lawyer from the list of arbitrators.

(d) Timing of appointment. The clerk or court administrator must appoint an arbitrator to an action no later than 120 days after an answer is filed.

(e) Notice of appointment. The clerk or court administrator must promptly distribute written notice of the arbitrator’s appointment to the parties and the arbitrator. The written notice must advise the parties of the deadline specified in Rule 38.1 (d) for placing an action on the Dismissal Calendar.

(f) Change of arbitrator as of right. In any action, each side is entitled as of right to a change of one arbitrator. Each action, even if consolidated with another action, must be treated as having only two sides. A party waives the right to change of arbitrator if the right is not exercised within 10 days after the date of the written notice of appointment. If a party enters an appearance after the arbitrator is appointed, that party waives the right to change of arbitrator if it is not exercised within 10 days after that party’s appearance. A motion for recusal or motion to strike for cause tolls the time to exercise a change of arbitrator as of right.

(g) Disqualifying or excusing an arbitrator.

(1) Disqualifying an arbitrator. On motion, the court may disqualify an appointed arbitrator from serving in a particular action. The motion must be in writing and establish that the arbitrator has an ethical conflict of interest or that other good cause exists under A.R.S. § 12-409 or § 21-211. The motion must be submitted to and considered by the judge assigned to the action in accordance with the procedures provided in Rule 42.2.

(2) Excusing an arbitrator. The presiding superior court judge or that judge’s designee may excuse an arbitrator from serving in a particular action on the arbitrator’s showing that he or she has completed contested hearings and ruled as an arbitrator under these rules in two or more actions assigned during the current calendar year.

(3) Replacement. If the court disqualifies or excuses an arbitrator, the clerk or court administrator must appoint a new arbitrator consistent with these rules.

End

Amendment History

Promulgated by R-16-0010, effective January 1, 2017.

Plain-English Summary

If the parties agree on a particular arbitrator who consents to serve, the clerk or court administrator assigns that person to the case once the parties file a written stipulation with the arbitrator's consent attached. Otherwise, the clerk or court administrator randomly assigns an arbitrator from a maintained list of eligible arbitrators, which must include county residents who have practiced law for at least four years, other Arizona lawyers who have agreed to serve in that county, and out-of-state or federal-bar members who have likewise agreed to serve; a lawyer can be excused from the list on a written motion showing good cause. An arbitrator must be appointed within 120 days after the answer is filed, and the clerk or court administrator must promptly notify the parties and the arbitrator of the appointment.

Each side of the case — treated as only two sides even in consolidated actions — has an automatic right to change one arbitrator, but that right is waived if not exercised within 10 days of the notice of appointment, or within 10 days of a later-appearing party's own appearance; filing a motion for recusal or to strike for cause pauses that 10-day clock. Beyond that automatic change, a party can move to disqualify an arbitrator for an ethical conflict or other good cause under the applicable disqualification statutes, decided by the judge assigned to the case, and the presiding judge can also excuse an arbitrator who has already handled two or more contested arbitration hearings that year. Whenever an arbitrator is disqualified or excused, the clerk or court administrator appoints a replacement using the same procedures.

Frequently Asked Questions

Can the parties pick their own arbitrator?

Yes, if they agree on a person who consents to serve, by filing a written stipulation with that consent attached.

How is an arbitrator chosen if the parties don't agree on one?

The clerk or court administrator randomly assigns one from a maintained list of eligible arbitrators, which includes qualifying local, statewide, and out-of-state or federal-bar attorneys who have agreed to serve.

Can I get a different arbitrator if I don't like the one assigned?

Each side of the case has an automatic right to change one arbitrator, but that right is waived if not exercised within 10 days of the notice of appointment or of your own appearance in the case.

On what grounds can an arbitrator be disqualified rather than just changed as of right?

An ethical conflict of interest or other good cause under the applicable disqualification statutes, decided by the judge assigned to the case.

Source & verification. The rule text and History are reproduced verbatim from the official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 73). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: appointment of arbitrator ruleselecting an arbitratorstriking an arbitratorarbitrator disqualification