§ 1-567.44. Failure or impossibility to act. - North Carolina Statutes

§1‑567.44.  Failure or impossibility to act.

(a)        The mandate of anarbitrator terminates if the arbitrator becomes unable to perform thearbitrator's functions or for other reasons fails to act without undue delay orthe arbitrator withdraws or the parties agree to the termination.

(b)        If a controversyremains concerning any of the grounds referred to in subsection (a) of thissection, a party may request the superior court to decide on the termination ofthe mandate.  The decision of the superior court shall be final and not subjectto appeal.

(c)        If under thissection or under G.S. 1‑567.43, an arbitrator withdraws or otherwiseagrees to the termination of his or her mandate, no acceptance of the validityof any ground referred to in this section or G.S. 1‑567.43(b) shall beimplied in consequence of such action. (1991, c. 292.)