Wash. Rev. Code » Title 7 · Chapter 7.04A
Revised Code of Washington

Wash. Rev. Code § 7.04A.110 (2026)

✓ current as of May 2026
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(1) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, 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, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. The arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed under the agreed method.
(2) An arbitrator 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 may not serve as a neutral arbitrator.
[ 2005 c 433 s 11.]
Notes of Decisions
Cited in 8 cases, 2008–2020 · leading case: Sarah Gosney, Res/cross-apps. v. Fireman's Fund Ins. Co., Apps/cross-res., 419 P.3d 447 (Wash. Ct. App. 2018).
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Sarah Gosney, Res/cross-apps. v. Fireman's Fund Ins. Co., Apps/cross-res., 419 P.3d 447 (Wash. Ct. App. 2018). “Judge Burdell also considered the nine reasonableness factors and determined that the settlement amount was reasonable.25 Judge McPhee explicitly confirmed both the amount awarded and the reasonableness finding.”
Nail v. Consol. Resources Health Care Fund, 229 P.3d 885 (Wash. Ct. App. 2010). · cites it 2× “Investors, the court must appoint other arbitrators in accordance with RCW 7.04A.110 and the parties' arbitration agreement.”
Nail v. Consol. Resources Health Care Fund I, 155 Wash. App. 227 (Wash. Ct. App. 2010). · cites it 2× “Here, like in New Port Richey Medical Investors, the court must appoint other arbitrators in accordance with RCW 7.04A.110 and the parties’ arbitration agreement.”
Scott Woodward v. Emeritus Corp., 368 P.3d 487 (Wash. Ct. App. 2016). “Because the method of selecting arbitrators failed, the court applied RCW 7.04A.110(1), which authorizes a court to appoint a substitute arbitrator when the appointed arbitrator fails or is unable to act.”
Est. OF ECKSTEIN EX REL. LUCKEY v. Life Care Centers of Am., 623 F. Supp. 2d 1235 (E.D. Wash. 2009). “Similarly, Defendants argue, RCW 7.04A.110 provides that “if the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court .”
Rodriguez v. Windermere Real Est./Wall Street, Inc., 142 Wash. App. 833 (Wash. Ct. App. 2008). “” The internal arbitration procedures govern the appointment of a three person arbitration panel.”
Rodriguez v. Windermere Real Est./Wall Street, Inc., 175 P.3d 604 (Wash. Ct. App. 2008). · cites it 3× “Instead, Windermere Wall Street brought a motion to compel arbitration based on the arbitration provision in Rodriguez's contract.”
Deanne C. Dewitt Freise & Eric L. Freise, Res. v. Anderson Vacation Prop., Llc, Apps. (Wash. Ct. App. 2020). · cites it 2× “Anderson, arguing that the lack of mandatory arbitration rules is not fatal, relies on RCW 7.04A.110(1), to argue that the court could have appointed an arbitrator even though the method of arbitration the parties chose does not exist.”
— Wash. Rev. Code § 7.04A.110(1) — 4 cases
Scott Woodward v. Emeritus Corp., 368 P.3d 487 (Wash. Ct. App. 2016). “Because the method of selecting arbitrators failed, the court applied RCW 7.04A.110(1), which authorizes a court to appoint a substitute arbitrator when the appointed arbitrator fails or is unable to act.”
Nail v. Consol. Resources Health Care Fund, 229 P.3d 885 (Wash. Ct. App. 2010). “Investors, the court must appoint other arbitrators in accordance with RCW 7.04A.110 and the parties' arbitration agreement.”
Nail v. Consol. Resources Health Care Fund I, 155 Wash. App. 227 (Wash. Ct. App. 2010). “Here, like in New Port Richey Medical Investors, the court must appoint other arbitrators in accordance with RCW 7.04A.110 and the parties’ arbitration agreement.”
Deanne C. Dewitt Freise & Eric L. Freise, Res. v. Anderson Vacation Prop., Llc, Apps. (Wash. Ct. App. 2020). “Anderson, arguing that the lack of mandatory arbitration rules is not fatal, relies on RCW 7.04A.110(1), to argue that the court could have appointed an arbitrator even though the method of arbitration the parties chose does not exist.”
— Wash. Rev. Code § 7.04A.110(2) — 3 cases
Sarah Gosney, Res/cross-apps. v. Fireman's Fund Ins. Co., Apps/cross-res., 419 P.3d 447 (Wash. Ct. App. 2018). “Judge Burdell also considered the nine reasonableness factors and determined that the settlement amount was reasonable.25 Judge McPhee explicitly confirmed both the amount awarded and the reasonableness finding.”
Rodriguez v. Windermere Real Est./Wall Street, Inc., 142 Wash. App. 833 (Wash. Ct. App. 2008). “” The internal arbitration procedures govern the appointment of a three person arbitration panel.”
Rodriguez v. Windermere Real Est./Wall Street, Inc., 175 P.3d 604 (Wash. Ct. App. 2008). “Instead, Windermere Wall Street brought a motion to compel arbitration based on the arbitration provision in Rodriguez's contract.”
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