North Dakota § 32-29.3-12 Disclosure by arbitrator

North Dakota Statutes

§ 32-29.3-12 — Disclosure by arbitrator

North Dakota § 32-29.3-12

Title 32Judicial Remedies

Ch. 32-29.3Uniform Arbitration Act

This text of North Dakota § 32-29.3-12 (Disclosure by arbitrator) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 32-29.3-12 (2026).

Text

1.Before accepting 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.An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness, or other arbitrators.

2.An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and t

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1. Before accepting 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. An existing or past relationship with any of the parties to the agreement to
arbitrate or the arbitration proceeding, their counsel or representatives, a witness,
or other arbitrators.
2. An arbitrator has a continuing obligation to disclose to all parties to the agreement to
arbitrate and arbitration proceeding and to any other arbitrators any facts that the
arbitrator learns after accepting appointment which a reasonable person would
consider likely to affect the impartiality of the arbitrator.
3. If an arbitrator discloses a fact required by subsection 1 or 2 to be disclosed 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 subdivision b of
subsection 1 of section 32-29.3-23 for vacating an award made by the arbitrator.
4. If the arbitrator did not disclose a fact as required by subsection 1 or 2, upon timely
objection by a party, the court under subdivision b of subsection 1 of section
32-29.3-23 may vacate an award.
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 is presumed to act with evident partiality under
subdivision b of subsection 1 of section 32-29.3-23.
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 subdivision b of subsection 1 of
section 32-29.3-23.