§ 27-5-116 — Short Title -- Neutral Arbitrator's Disclosure Required

27-5-116 . Short title -- neutral arbitrator's disclosure required. (1) This section may be cited as the "Fairness in Arbitration Act".
(2) Beginning October 1, 2009, a person who has been proposed, nominated, or appointed as a neutral arbitrator pursuant to an arbitration agreement, other than one contained in a collective bargaining agreement, shall comply with the requirements of this section.
(3) A person who has been proposed, nominated, or appointed as a neutral arbitrator for an arbitration proceeding shall disclose to each party all matters that could cause a person aware of the facts underlying a potential conflict of interest to have a reasonable doubt that the person would be able to act as a neutral or impartial arbitrator.
(4) In addition to any matters disclosed pursuant to subsection (3), the person proposed, nominated, or appointed shall disclose:
(a) the existence, regarding the person, of any ground specified in 3-1-803 for disqualification of a judge;
(b) whether the person has been employed by a party to the arbitration proceeding within the last 5 years;
(c) (i) (A) the names of the parties to arbitration proceedings commenced after October 1, 2009, other than the pending proceeding, in which the person served or is serving as a party arbitrator and not a neutral arbitrator for any party to that proceeding or as an attorney for a party to that proceeding and the results of each of those proceedings that were arbitrated to conclusion; or
(B) beginning October 1, 2014, the names of the parties to all prior or current arbitration proceedings, other than the pending proceeding, within the last 5 years in which the person served or is serving as a party arbitrator and not a neutral arbitrator for any party to that proceeding or as an attorney for a party to that proceeding and the results of each of those proceedings that were arbitrated to conclusion;
(ii) regarding the information disclosed pursuant to subsection (4)(c)(i), as appropriate, the:
(A) date of the arbitration award;
(B) identification of the prevailing party;
(C) names of the parties' attorneys; and
(D) amount of monetary damages awarded, if any;
(d) (i) (A) the names of the parties to arbitration proceedings commenced after October 1, 2009, other than the pending proceeding, in which the person served or is serving as a neutral arbitrator and the results of each of those proceedings that were arbitrated to conclusion; or
(B) beginning October 1, 2014, the names of the parties to all prior or current arbitration proceedings, other than the pending proceeding, within the last 5 years in which the person served or is serving as a neutral arbitrator and the results of each of those proceedings that were arbitrated to conclusion;
(ii) regarding the information disclosed pursuant to subsection (4)(d)(i), as appropriate, the:
(A) date of the arbitration award;
(B) identification of the prevailing party;
(C) identification of the person and the party who selected the person to serve as a neutral arbitrator, if any;
(D) names of the parties' attorneys; and
(E) amount of monetary damages awarded, if any; and
(e) any attorney-client relationship the person has or has had with a party or an attorney for a party to the arbitration proceeding within the last 5 years.
(5) In order to preserve confidentiality, it is sufficient for the purposes of subsections (4)(c) and (4)(d) for the person to identify any party who is not a party to the pending arbitration proceeding as "claimant" or "respondent" if that party is or was an individual and not a business or corporate entity.
(6) The person proposed, nominated, or appointed as a neutral arbitrator shall make the disclosure required by this section in writing to all parties by serving a disclosure upon the parties within 10 days of any notice of the person's proposal, nomination, or appointment. The disclosure must be served in accordance with Title 25, chapter 3, part 2.
(7) An arbitration proceeding does not include an arbitration proceeding pursuant to a collective bargaining agreement.
(8) This section does not apply to:
(a) arbitration agreements that have been approved by the United States security and exchange commission pursuant to the Securities and Exchange Act of 1934; or
(b) arbitrations conducted by the Montana bar association's voluntary fee arbitration program.

Legislative History

En. Sec. 1, Ch. 339, L. 2009.