Montana Code 40-16-109. Disclosure by arbitrator — disqualification
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:
Terms Used In Montana Code 40-16-109
- Arbitration agreement: means an agreement that subjects a family law dispute to arbitration. See Montana Code 40-16-102
- Arbitrator: means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement. See Montana Code 40-16-102
- Court: means the district court. See Montana Code 40-16-102
- 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.
- Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Montana Code 40-16-102
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal entity. See Montana Code 40-16-102
(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.