If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and a successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators, except that the court shall always appoint an odd number of arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement. Upon appointment an arbitrator shall disclose his or her hourly or daily rate for arbitration services.
§ 25-2604.Appointment of arbitrators by court.
Article 26: Uniform Arbitration Act · Last amended 1987 · Last verified July 22, 2026
In one sentenceThis section directs courts to follow whatever arbitrator-appointment method the parties’ agreement provides, and to step in and appoint an odd number of arbitrators when that method is missing, fails, or leaves a vacancy unfilled, with any appointed arbitrator required to disclose their hourly or daily rate.
Full Text of § 25-2604
Source
Laws 1987, LB 71, § 4.
Plain-English Summary
Arbitration agreements usually spell out how the arbitrator or panel gets chosen, and section 25-2604 respects that choice first: if the agreement provides a method of appointment, the court and the parties follow it. The court only steps in when there is no agreed method, when the agreed method fails, when it cannot be followed for some other reason, or when an appointed arbitrator fails or becomes unable to act and no successor has been duly named.
When the court does appoint, it must appoint an odd number of arbitrators — a rule that prevents a deadlocked panel from stalling the entire proceeding. An arbitrator the court appoints this way holds exactly the same powers as one the parties named directly in their agreement; court appointment does not create a lesser or provisional arbitrator. And once appointed, the arbitrator has to disclose an hourly or daily rate for arbitration services, giving the parties a clear picture of what the process will cost before the hearing gets underway.
Frequently Asked Questions
Does the court pick the arbitrator if the contract already says how to choose one?
No. Section 25-2604 requires the agreed method to be followed first. The court appoints only when there is no agreed method, the method fails, it cannot be followed, or a named arbitrator cannot continue and no successor has been appointed.
Why must the court always appoint an odd number of arbitrators?
An odd number avoids a tie among the arbitrators when they vote on rulings or the final award.
Does a court-appointed arbitrator have less authority than one named in the contract?
No. The statute gives a court-appointed arbitrator all the powers of one specifically named in the agreement.
What happens if an arbitrator named in the agreement can no longer serve?
If the agreed method for naming a successor fails or is not followed, and no successor has been duly appointed, a party may apply to the court to appoint one.
Do arbitrators have to tell the parties what they charge?
Yes. Upon appointment, an arbitrator must disclose his or her hourly or daily rate for arbitration services.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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