§ 13-22-212 — Disclosure by arbitrator

(1) Before accepting an appointment,
an individual who is requested to serve as an arbitrator, after making a reasonable
inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration
proceeding and to any other arbitrators any known facts that a reasonable person
would consider likely to affect the impartiality of the arbitrator in the arbitration
proceeding, including:

(a) A financial or personal interest in the outcome of the arbitration
proceeding; and

(b) A current or previous relationship with any of the parties to the
agreement to arbitrate or the arbitration proceeding, their counsel or
representatives, a witness, or another arbitrator.

(2) An arbitrator shall have a continuing obligation to disclose to all parties
to the agreement to arbitrate and to the arbitration proceeding and to any other
arbitrators any facts that the arbitrator learns after accepting appointment that a
reasonable person would consider likely to affect the impartiality of the arbitrator.

(3) If an arbitrator discloses a fact required to be disclosed by subsection (1)
or (2) of this section and a party timely objects to the appointment or continued
service of the arbitrator based upon the fact disclosed, the objection may be a
ground under section 13-22-223 (1)(b) for vacating an award made by an arbitrator.

(4) If the arbitrator does not disclose a fact as required by subsection (1) or
(2) of this section, upon timely objection by a party, the court may vacate an award
under section 13-22-223 (1)(b).

(5) An arbitrator appointed as a neutral arbitrator who does not disclose a
known, direct, and material interest in the outcome of the arbitration proceeding or
a known, existing, and substantial relationship with a party shall be presumed to act
with evident partiality under section 13-22-223 (1)(b).

(6) If the parties to an arbitration proceeding agree to the procedures of an
arbitration organization or any other procedures for challenges to arbitrators
before an award is made, substantial compliance with those procedures is a
condition precedent to a motion to vacate an award on that ground under section
13-22-223 (1)(b).

Legislative History

Source: L. 2004: Entire part R&RE, p. 1723, � 1, effective August 4.