§ 7321.13. Disclosure by arbitrator
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: July 1, 2019
Effective: July 1, 2019
42 Pa.C.S.A. § 7321.13
§ 7321.13. Disclosure by arbitrator
(a) Preappointment.--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 and 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:
(b) Continuing.--An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and the arbitration proceeding and to other arbitrators facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
(c) Objection.--If an arbitrator discloses a fact required by subsection (a) or (b) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under section 7321.24(a)(2) (relating to vacating award) for vacating an award made by the arbitrator.
(e) Presumption of neutrality.--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 7321.24(a)(2).
(f) Procedure to challenge arbitrator.--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 a motion to vacate an award on that ground under section 7321.24(a)(2).
Credits
2018, June 28, P.L. 381, No. 55, § 1.1, effective July 1, 2019.
42 Pa.C.S.A. § 7321.13, PA ST 42 Pa.C.S.A. § 7321.13
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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