Arizona Laws 12-3012. Disclosure by arbitrator
A. Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate, to the arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including both:
Terms Used In Arizona Laws 12-3012
- Arbitration organization: means an association, agency, board, commission or other entity that is neutral and that initiates, sponsors or administers an arbitration proceeding or is involved in the appointment of an arbitrator. See Arizona Laws 12-3001
- Arbitrator: means an individual who is appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. See Arizona Laws 12-3001
- Court: means a court of competent jurisdiction in this state. See Arizona Laws 12-3001
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government or governmental subdivision, agency or instrumentality or public corporation or any other legal or commercial entity. See Arizona Laws 12-3001
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
1. A financial or personal interest in the outcome of the arbitration proceeding.
2. An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness or another arbitrator.
B. An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate, to the arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
C. If an arbitrator discloses a fact required by subsection A or B of this section to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based on the fact disclosed, the objection may be a ground under section 12-3023, subsection A, paragraph 2 for vacating an award made by the arbitrator.
D. If the arbitrator did not disclose a fact as required by subsection A or B of this section, on timely objection by a party, the court under section 12-3023, subsection A, paragraph 2 may vacate an award made by the arbitrator.
E. An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party is presumed to act with evident partiality under section 12-3023, subsection A, paragraph 2.
F. If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section 12-3023, subsection A, paragraph 2.