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

Montana Statutes

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

Montana § 40-16-109

Title 40FAMILY LAW

Ch. 16FAMILY LAW ARBITRATION

Part 1Uniform Family Law Arbitration Act

This text of Montana § 40-16-109 (Disclosure By Arbitrator -- Disqualification) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 40-16-109 (2026).

Text

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

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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 .