Section 09.43.390. Disclosure by arbitrator.

   (a) Before accepting appointment, an individual who is requested to serve as an arbitrator shall, after making a reasonable inquiry, disclose to all parties to the agreement to arbitrate and arbitration proceeding and to other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including
        (1) a financial or personal interest in the outcome of the arbitration proceeding; and
        (2) an existing or past relationship with a party to the agreement to arbitrate or arbitration proceeding, counsel for or representatives of the parties, a witness, or another arbitrator.
   (b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to 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 (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 AS 09.43.500(a)(2) for vacating an award made by the arbitrator.
   (d) If the arbitrator did not disclose a fact as required by (a) or (b) of this section, upon timely objection by a party, the court may, under AS 09.43.500(a)(2), vacate an award.
   (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 rebuttably presumed to act with evident partiality under AS 09.43.500(a)(2).
   (f) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to an application to vacate an award on that ground under AS 09.43.500(a)(2).

Authorities

9.43.310; 9.43.410

Notes

References

AS 9.43.310 .310">Sec. 09.43.310. Effect of agreement to arbitrate; nonwaivable provisions.
AS 9.43.410 .410">Sec. 09.43.410. Immunity of arbitrator; competency to testify; attorney fees and costs.

History

(Sec. 2 ch 170 SLA 2004)