§ 7379. Disclosure by arbitrator and disqualification.

376 words·~2 min read·/pa/title-42/chapter-73/7379

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(a)Initial obligation.-- 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:

(1)the impartiality of the arbitrator in the arbitration, including:

(i)bias;

(ii)a financial or personal interest in the outcome of the arbitration; or

(iii)an existing or past relationship with a party, attorney representing a party or witness; or

(2)the arbitrator's ability to make a timely award.

(b)Continuing obligation.-- The arbitrator shall disclose, and provide in writing to the parties, the amount of initial fee, any hourly rate to be charged, the process for invoices and payment for services and information on the arbitration process, specifically including how to terminate the arbitration. 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.

(c)Objection.-- 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 section 7377 (relating to motion for judicial relief).

(d)Failure to disclose.-- If a disclosure required by subsection (a)(1) or

(b)is not made, the court may:

(1)on motion of a party not later than 15 days after the failure to disclose is known or, by the exercise of reasonable care, should be known by the party, suspend the arbitration;

(2)on timely motion of a party, vacate an award under section 7389(a)(2) (relating to vacation, amendment or confirmation by court of unconfirmed award); or

(3)if an award has been confirmed, grant other appropriate relief under the laws of this Commonwealth other than this subchapter.

(e)Replacing arbitrator.-- 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 under section 7378 (relating to qualification and selection of arbitrator).

42c7379v

Cross References. Section 7379 is referred to in section 7395 of this title.

42c7380s