5. A party cannot appeal a lower court decision of an order granting or denying consolidation under Section 28, regarding appeals, because the policy behind Section 28(a)(1) and (2) is not to allow appeals of orders that result in delaying arbitration. Whether consolidation is ordered or denied, the arbitrations likely will continue - either separately or in a consolidated proceeding - and to allow appeals would delay the arbitration process.

§8711.__Appointment of arbitrator; service as neutral arbitrator

1.__Appointment.__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.__An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.

2.__Ineligible to serve as arbitrator.__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 may not serve as an arbitrator required by an agreement to be neutral.

Uniform Comment

1. Because Section 11 is a waivable provision under Section 4(a), parties may choose their own method of selecting an arbitrator under Section 11(a). Parties oftentimes choose an arbitrator because of that person's knowledge or experience or relationship to the parties. This is particularly the case with non-neutral arbitrators who are sometimes chosen because of their relationship to a party and may have a direct interest in the outcome. Section 11(b) does not apply to non-neutral arbitrators but only to neutral arbitrators. Moreover, because Section 11(b)