Tennessee Code Annotated
Tenn. Code Ann. § 29-5-312 (2026)
Appointment of arbitrator - Service as a neutral arbitrator
✓ current as of May 2026
- (a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, then that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, then the court, on a motion of a party to the arbitration proceeding, must appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.
- (b) An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party shall not serve as an arbitrator required by an agreement to be neutral.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Notes of Decisions
Cited in 22
cases (2 in the last 5 years), 1996–2026 · leading case: Morgan Keegan & Co., Inc. v. William Hamilton Smythe, III, 401 S.W.3d 595 (Tenn. 2013).
Morgan Keegan & Co., Inc. v. William Hamilton Smythe, III, 401 S.W.3d 595 (Tenn. 2013). “Smythe did not file a petition to confirm the award, as permitted by Tenn.Code Ann. § 29-5-312 (2012). However, on February 11, 2010, he filed a written response to Mor *601 gan Keegan’s petition in which he requested not only that the trial court deny Morgan Keegan’s petition,…”
Pugh's Lawn Landscape Co. v. Jaycon Dev. Corp., 320 S.W.3d 252 (Tenn. 2010). “Pursuant to section 29-5-312, “the court shall confirm an award, unless, within the time limits hereinafter imposed, grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in §§ 29-5-313 and 29-5-314.”
D & E Constr. Co. v. Robert J. Denley Co., 38 S.W.3d 513 (Tenn. 2001). “” Tenn. Code Ann. § 29-5-312 (2000). 4 . This section requires a court to vacate an award where: (1) The award was procured by corruption, fraud or other undue means; (2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators…”
Tuetken v. Tuetken, 320 S.W.3d 262 (Tenn. 2010). “" Tenn. Code Ann. § 29-5-312 . Second, "the court shall vacate an award” when: (1) The award was procured by corruption, fraud or other undue means; (2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct…”
Arnold v. Morgan Keegan & Co., Inc., 914 S.W.2d 445 (Tenn. 1996). “” Tenn.Code Ann. § 29-5-312. Section 29-5-313 provides that the trial court “shall” vacate an award under certain specifically enumerated circumstances.”
Rafia N. Khan, Individually, & In Her Capacity As Tr. Of The Rafia N. Khan Irrevocable Trust v. Regions Bank, 461 S.W.3d 505 (Tenn. Ct. App. 2014). “Upon application of a party to the arbitration to confirm the award, Tennessee Code Annotated section 29-5-312 requires the trial court to “confirm [the] award, unless, within the time limits hereinafter imposed, grounds are urged *510 for vacating or modifying or correcting the…”
Lasco Inc. v. Inman Constr. Corp., 467 S.W.3d 467 (Tenn. Ct. App. 2015). “Upon application of a party to the arbitration to confirm the award, Tennessee Code Annotated section 29-5-312 requires the trial court to “confirm [the] award, unless, within the time limits hereinafter imposed, grounds are urged for vacating or modifying or correcting the…”
Williams Holding Co. v. Willis, 166 S.W.3d 707 (Tenn. 2005). “§ 29-5-312 (2000). 3 One such ground for vacating an award, which is urged by the defendant in this case, states that an arbitration award shall be vacated by the trial court where “[t]he arbitrators exceeded their authority.”
Est. of Guido v. Exempla, Inc., 292 P.3d 996 (Colo. Ct. App. 2012). “Codified Laws §§ 21 -25A-23 to -25, 21-25A-28 (2011); Tenn.Code Ann. §§ 29-5-312 to -314 (2011); Tex.”
Berkeley Rsch. Grp., LLC v. S. Advanced Materials, LLC (Tenn. 2026). “Tenn. Code Ann. § 29-5-312 (2012). However, Berkeley admitted during oral argument that the only authority in any jurisdiction interpreting this section to convey subject matter jurisdiction is the Court of Appeals in its decision below.”
Stellar-eMarketing, Inc. v. Kolat (M.D. Tenn. 2020). “The Tennessee Uniform Arbitration Act (“TUAA”), includes mandatory language, “the court shall confirm an award, unless, within the time limits hereinafter imposed, grounds are urged for vacating or modifying or correcting an award …” Tenn.”
MidSouth Constr., LLC v. Daniel Burstiner (Tenn. Ct. App. 2025). “Burstiner’s appellate brief, he asserts that “The recent US Supreme Court decision regarding the 1984 Chevron decision . . . reverses that authority and gives the court the right to vacate an arbitration award with regards to findings of fact by the arbitrator.”
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