§ 16-5609 — Disclosure by arbitrator; disqualification.

(a) Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall disclose to all parties any known fact that a reasonable person would believe is likely to affect:

(1) The impartiality of the arbitrator in the arbitration, including bias, a financial or personal interest in the outcome of the arbitration, or an existing or past relationship with a party, attorney representing a party, or witness; or

(2) The arbitrator's ability to make a timely award.

(b) An arbitrator, the parties, and the attorneys representing the parties have a continuing obligation to disclose to all parties any known fact a reasonable person would believe is likely to affect the impartiality of the arbitrator or the arbitrator's ability to make a timely award.

(c) An objection to the selection or continued service of an arbitrator and a motion for a stay of arbitration and disqualification of the arbitrator shall be made under the law and procedural rules of the District other than this chapter governing arbitrator disqualification.

(d) If a disclosure required by subsection (a)(1) or (b) of this section is not made, the Superior Court may:

(1) On motion of a party not later than 30 days after the failure to disclose is known or by the exercise of reasonable care should have been known to the party, suspend the arbitration;

(2) On timely motion of a party, vacate an award under § 16-5619(a)(2) ; or

(3) If an award has been confirmed, grant other appropriate relief under law of the District other than this chapter .

(e) If the parties agree to discharge an arbitrator or the arbitrator is disqualified, the parties by agreement may select a new arbitrator or request the Superior Court to select another arbitrator as provided in § 16-5608 .