40-16-109. Disclosure by arbitrator -- disqualification.
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/mt/title-40/chapter-16/part-1/40-16-109·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 .