North Carolina § 1-567 - 44. Failure or impossibility to act.

§ 1-567. 44. Failure or impossibility to act.

The mandate of an arbitrator terminates if the arbitrator becomes unable to perform the arbitrator's functions or for other reasons fails to act without undue delay or the arbitrator withdraws or the parties agree to the termination. If a controversy remains concerning any of the grounds referred to in subsection (a) of this section, a party may request the court to decide on the termination of the mandate. The decision of the court shall be final and not subject to appeal. If under this section or under G.S. 1-567.43, an arbitrator withdraws or otherwise agrees to the termination of the arbitrator's mandate, no acceptance of the validity of any ground referred to in this section or G.S. 1-567.43(b) shall be implied in consequence of the action. History (1991, c. 292, s. 1; 2017-171, s. 1.) Editor's Note. - Session Laws 2017-171, s. 2 made the amendment to this section by Session Laws 2017-171, s. 1, which deleted "superior" preceding "court" twice in subsection (b), and, in subsection (c), substituted "the arbitrator's mandate" for "his or her mandate" and substituted "the action" for "such action," effective October 1, 2017, and applicable to agreements entered into, renewed, or modified on or after that date. G.S. 1-567.43 , referred to in subsection (c), was repealed by Session Laws 2017-171, s. 1, effective October 1, 2017, and applicable to agreements entered into, renewed, or modified on or after that date. Effect of Amendments. - Session Laws 2017-171, s. 1, deleted "superior" preceding "court" twice in subsection (b); in subsection (c) substituted "the arbitrator's mandate" for "his or her mandate," and substituted "the action" for "such action" at the end of the sentence. For effective date and applicability, see editor's note.