81-15-108. Disclosure by arbitrator -- Disqualification.

319 words·~1 min read·/ut/title-81/chapter-15/81-15-108

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)Before agreeing to serve as an arbitrator, an individual shall disclose, after making reasonable inquiry, 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, an attorney representing a party, or a 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)A party shall make an objection to the selection or continued service of an arbitrator and a motion for a stay of arbitration and disqualification of the arbitrator in accordance with the law and procedural rules of this state, other than this chapter, governing arbitrator disqualification.

(4)If a disclosure required by Subsection (1)(a) or

(2)is not made, the court may:

(a)suspend the arbitration on a motion of a party that is no later than 30 days after the day on which the failure to disclose is known or by the exercise of reasonable care should have been known to the party;

(b)vacate an award under Subsection 81-15-118(1)(b) on timely motion of a party; or

(c)grant other appropriate relief under a law of this state other than this chapter if an award has been confirmed.

(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 81-15-107 .

Enacted by Chapter 315 , 2025 General Session