[ §658J-9] Disclosure by arbitrator; disqualification.
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/hi/658j-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[ §658J-9] Disclosure by arbitrator; disqualification.
(a)Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall make all disclosures as required by section 658A-12.
(b)An arbitrator, the parties, and the attorneys representing the parties have a continuing obligation to disclose to all parties any known fact that a reasonable person would believe is likely to affect the impartiality of the arbitrator or the arbitrator's ability to make a timely award.
(c)An objection to the selection or continued service of an arbitrator and a motion for a stay of arbitration and disqualification of the arbitrator shall be made under the law and procedural rules of this State other than this chapter governing arbitrator disqualification.
(d)If a disclosure required by subsection
(a)or
(b)is not made, the court may:
(1)Upon motion of a party no 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;
(2)Upon timely motion of a party, vacate an award under section 658J-19(a)(2); or
(3)If an award has been confirmed, grant other appropriate relief under law of this State other than this chapter.
(e)If the parties agree to discharge an arbitrator or the arbitrator is disqualified or resigns, the parties by agreement may select a new arbitrator or request the court to select another arbitrator as provided in section 658J-8. [L 2017, c 113, pt of §1]