(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 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:
(1) a financial or personal interest in the outcome of the arbitration proceeding; and
(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 and the arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment which 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) 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 § 16-108-223(a)(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), upon timely objection by a party, the court under § 16-108-223(a)(2) may 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 presumed to act with evident partiality under § 16-108-223(a)(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 § 16-108-223(a)(2).
Structure Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 7 - Particular Proceedings And Remedies
Chapter 108 - Arbitration and Award
Subchapter 2 - Uniform Arbitration Act
§ 16-108-203. When subchapter applies
§ 16-108-204. Effect of agreement to arbitrate — Nonwaivable provisions
§ 16-108-205. Application for judicial relief
§ 16-108-206. Validity of agreement to arbitrate
§ 16-108-207. Motion to compel or stay arbitration
§ 16-108-208. Provisional remedies
§ 16-108-209. Initiation of arbitration
§ 16-108-210. Consolidation of separate arbitration proceedings
§ 16-108-211. Appointment of arbitrator — Service as a neutral arbitrator
§ 16-108-212. Disclosure by arbitrator
§ 16-108-213. Action by majority
§ 16-108-214. Immunity of arbitrator — Competency to testify — Attorney's fees and costs
§ 16-108-215. Arbitration process
§ 16-108-216. Representation by lawyer
§ 16-108-217. Witnesses — Subpoenas — Depositions — Discovery
§ 16-108-218. Judicial enforcement of preaward ruling by arbitrator
§ 16-108-220. Change of award by arbitrator
§ 16-108-221. Remedies — Fees and expenses of arbitration proceeding
§ 16-108-222. Confirmation of award
§ 16-108-224. Modification or correction of award
§ 16-108-225. Judgment on award — Attorney's fees and litigation expenses
§ 16-108-230. Relationship to Electronic Signatures in Global and National Commerce Act