Washington Code 26.14.080 – Disclosure by arbitrator — Disqualification
Current as of: 2023 | Check for updates
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(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 Washington Code 26.14.080
- 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: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(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 under 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) of this section is not made, the court may:
(a) On motion of a party not later than thirty 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 RCW 26.14.180(1)(b); or
(c) If an award has been confirmed, grant other appropriate relief under law of this state other than this chapter.
(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 RCW 26.14.070.
[ 2023 c 61 § 9.]