Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 26 - Arbitration and Mediation of Construction Disputes › Section 7 CSR 10-26.010 - Arbitration Method and Selection of Arbitrator in Arbitration Proceeding

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment changes the title of
				  the rule.
(1) Claims
				arbitrable under section
				226.096,
				RSMo, that exceed twenty-five thousand dollars ($25,000) but do not exceed
				seventy-five thousand dollars ($75,000) shall by arbitrated by one (1)
				arbitrator using "Fast Track Procedures" available under said section
				226.096,
				RSMo.
(2) Claims arbitrable under
				section
				226.096,
				RSMo, that exceed seventy-five thousand dollars ($75,000) shall be arbitrated
				by one (1) arbitrator using "Regular Track Procedures" available under said
				section
				226.096,
				RSMo. The monetary cap on claims eligible for arbitration established and
				required to be annually adjusted pursuant to section
				226.096,
				RSMo, shall be published by an In Addition notice in the
Missouri
				Register
.
(3) The
				arbitrator shall be selected according to the procedures provided by the
				American Arbitration Association's
Construction Industry Arbitration
				Rules and Mediation Procedures
, except as otherwise provided in this
				rule.
(A) Arbitrators shall be registered
				professional engineers for at least fifteen (15) years or shall be a
				construction industry professional with a minimum of fifteen (15) years
				experience in construction.
(B)
				After filing of the submission or the answering statement or the expiration of
				the time within which the answering statement is to be filed, the American
				Arbitration Association shall send each party in the dispute an identical copy
				of a specially prepared list of proposed arbitrators to resolve the
				controversy.
(C) The parties will
				be allowed fifteen (15) days to examine the list, strike names to which they
				object, number the remaining names in the order of preference, and return the
				list to the American Arbitration Association.
(D) The lists will be returned to the
				American Arbitration Association by the two (2) parties. From among the persons
				who have been approved on both lists, and in accordance with the designated
				order of mutual preference, the American Arbitration Association shall invite
				the acceptance of an arbitrator to serve. If the parties fail to agree on any
				of the persons named, or if acceptable arbitrators are unable to act, or if for
				any other reason the appointment cannot be made from the submitted lists, the
				American Arbitration Association shall have the power to make the appointment
				from among other members of the National Roster without the submission of
				additional lists. In no case shall an arbitrator be appointed who was struck
				from the original lists by either party.
(E) Arbitrators appointed by American
				Arbitration Association under this provision will meet the qualifications of
				subsection (3)(A).