§ 40-16-109 — Disclosure By Arbitrator -- Disqualification

40-16-109 . Disclosure by arbitrator -- disqualification. (1) Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall disclose to all parties any known fact a reasonable person would believe is likely to affect:
(a) 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
(b) the arbitrator's ability to make a timely award.
(2) 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.
(3) An objection to the selection or continued service of an arbitrator and a motion for a stay of arbitration and disqualification of the arbitrator must be made pursuant to the arbitration agreement or on motion of a party to the court.
(4) If a disclosure required by subsection (1)(a) or (2) is not made, the court may:
(a) 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;
(b) on timely motion of a party, vacate an award under 40-16-119 (1)(b); or
(c) if an award has been confirmed, grant other appropriate relief.
(5) 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 court to select another arbitrator as provided in 40-16-108 .

Legislative History

En. Sec. 9, Ch. 32, L. 2021.