Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1046
arbitrators; appointment requirements
Purpose
Requires the list of qualified arbitrators maintained by the superior court of a county to
consist of any person qualified by training, experience or credentials, and requires the court to
obtain the person's written consent to volunteer as an arbitrator.
Background
The superior court of a county must: 1) establish a jurisdictional limit not exceeding
$65,000 for submission of disputes to arbitration; and 2) require arbitration in all cases in which
the court finds, or the parties agree, that the amount in controversy does not exceed the
jurisdictional limit. The court must also maintain a list of qualified persons within its jurisdiction
who have agreed to serve as arbitrators, subject to the right of each person to refuse to serve in a
particular assigned case and subject further to the right of any party to show good cause why an
appointed arbitrator should not serve in a particular assigned case. (A.R.S. ยง 12-133).
The clerk of the court or a court administrator must prepare a list of arbitrators who may
be designated by their area of concentration, expertise or specialty. The list must include: 1) all
county residents who have been active members of the State Bar of Arizona (Bar) for at least four
years; 2) all other members of the Bar residing in other counties who have agreed to serve as
arbitrators in the county where the court is located; and 3) all members of any other federal court
or state bar who have agreed to serve as arbitrators (Ariz. R. Civ. P. 73).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires the list of qualified arbitrators maintained by the superior court of a county to consist
of any person who is qualified by training, experience or credentials as well as attorneys.
2. Requires the court, before a person is placed on the list of qualified persons, to obtain the
person's written consent to volunteer as an arbitrator.
3. Prohibits the court from requiring an attorney to serve as an arbitrator.
4. Makes technical changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 24, 2023
ZD/sr