Mo. Rev. Stat. » Chapter 435
Missouri Revised Statutes

Mo. Rev. Stat. § 435.360 (2026)

Appointment of arbitrators by court

✓ current as of May 2026
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  435.360.  Appointment of arbitrators by court. — 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 his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators.  An arbitrator so appointed has all the powers of one specifically named in the agreement.

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(L. 1980 H.B. 1203 § 3)

Notes of Decisions
Cited in 10 cases, 1987–2019 · leading case: State Ex Rel. Vincent v. Schneider, 194 S.W.3d 853 (Mo. 2006).
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State Ex Rel. Vincent v. Schneider, 194 S.W.3d 853 (Mo. 2006). · cites it 16× “This portion of the arbitration provision can be remedied by turning to section 435.360. Section 435.360 provides: If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed.”
State ex rel. Todd Hewitt, Relator v. Honorable Kristine Kerr, Judge, Circuit Court for St. Louis Cnty., Missouri, 461 S.W.3d 798 (Mo. 2015). · cites it 8× “Section 435.360. This provision may be used to appoint a substitute arbitrator.”
Robert S. Eaton v. CMH Homes, Inc., & S. Energy Homes, Inc., & Henry Concrete, LLC, 461 S.W.3d 426 (Mo. 2015). · cites it 8× “Hewitt, instead, severed the arbitrator-selection clause and replaced it with MUAA’s default arbitrator-selection term found in section 435.360. Id. Similarly, here, the anti-waiver provision of the arbitration clause is not essential to the agreement to arbitrate.”
Lunsford v. Deatherage, 518 S.W.3d 890 (Mo. Ct. App. 2017). · cites it 10× “is silent as to who will conduct the arbitration, the Court will imply such terms” under section 435.360, which permits the appointment of an arbitrator, and Appellants insist the arbitration clause is broad enough to cover Count 2, which asserts negligence-based claims against…”
Jacobs v. Corley, 732 S.W.2d 910 (Mo. Ct. App. 1987). · cites it 8× “In vacating the award on grounds other than stated in subdivision (5) of subsection 1 of this section the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 435.”
Murray v. Missouri High. & Transp. Comm'n, 37 S.W.3d 228 (Mo. 2001). · cites it 2× “4 Section 435.360 provides a procedure for obtaining a court-appointed arbitrator where the provisions of agreement cannot be followed or the methods specified in the agreement for some reason cannot be followed.”
A-1 Premium Acceptance, Inc. v. Hunter, 557 S.W.3d 923 (Mo. 2018). · cites it 4× “A-1 also attempted to raise a claim the circuit court erred by failing to appoint an arbitrator under section 435.360, a provision of the Missouri Uniform Arbitration Act ("MUAA"), to fill the role envisioned for NAF in the parties' Agreement.”
State ex rel. Telecom Mgmt., Inc. v. O'Mally, 965 S.W.2d 215 (Mo. Ct. App. 1998). · cites it 8× “In vacating the award on grounds other than stated in subdivision (5) of subsection 1 of this section the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 435.360, or if the…”
Nat'l Avenue Bldg. Co. v. Stewart, 910 S.W.2d 334 (Mo. Ct. App. 1995). · cites it 2× “In vacating the award on grounds other than stated in subdivision (5) of subsection 1 of this section the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 435.360, or if the…”
Robby & Kim Salsman v. Vincent & Shauna Leonard First Class Prop. Inspections, LLC, 568 S.W.3d 434 (Mo. Ct. App. 2019). · cites it 2× “See § 435.360 (authority to appoint arbitrators in certain circumstances); § 435.”
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