§ 32-29.4-08 — Disclosure by arbitrator - Disqualification

North Dakota § 32-29.4-08

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-29.4: Uniform Family Law Arbitration Act

Text

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 under the law and
procedural rules of this state other than this chapter governing arbitrator
disqualification.

4. If a disclosure required by subdivision a of subsection 1 or subsection 2 is not made,
the court may:
a. On motion of a party not later than thirty 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 subdivision b of subsection 1
of section 32-29.4-18; or
c. If an award has been confirmed, grant other appropriate relief under law of this
state other than this chapter.
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 section 32-29.4-07.