Sec. 12.
(1) 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 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 both of the following:
(a) A financial or personal interest in the outcome of the arbitration proceeding.
(b) 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.
(2) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any 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.
(3) If an arbitrator discloses a fact required by subsection (1) or (2) 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 section 23(1)(b) for vacating an award made by the arbitrator.
(4) If the arbitrator did not disclose a fact as required by subsection (1) or (2), on timely objection by a party, the court under section 23(1)(b) may vacate an award.
(5) 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 23(1)(b).
(6) 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 section 23(1)(b).
History: 2012, Act 371, Eff. July 1, 2013
Structure Michigan Compiled Laws
Act 371 of 2012 - Uniform Arbitration Act (691.1681 - 691.1713)
Section 691.1681 - Short Title; Definitions.
Section 691.1683 - Agreement to Arbitrate; When Act Applies.
Section 691.1684 - Effect of Agreement to Arbitrate; Nonwaivable Provisions.
Section 691.1685 - Request for Judicial Relief.
Section 691.1686 - Validity of Agreement to Arbitrate.
Section 691.1687 - Order to Compel or Stay Arbitration.
Section 691.1688 - Provisional Remedies.
Section 691.1689 - Initiation of Arbitration.
Section 691.1690 - Consolidation of Separate Arbitration Proceedings.
Section 691.1691 - Appointment of Arbitrator; Service as Neutral Arbitrator.
Section 691.1692 - Disclosure by Arbitrator.
Section 691.1693 - Action by Majority.
Section 691.1694 - Immunity of Arbitrator; Competency to Testify; Attorney Fees and Costs.
Section 691.1695 - Arbitration Process.
Section 691.1696 - Representation by Lawyer.
Section 691.1697 - Witnesses; Subpoenas; Depositions; Discovery.
Section 691.1698 - Judicial Enforcement of Preaward of Ruling by Arbitrator.
Section 691.1700 - Modification or Correction of Award by Arbitrator.
Section 691.1701 - Remedies; Fees and Expenses of Arbitration Proceeding.
Section 691.1702 - Confirmation of Award.
Section 691.1703 - Vacating Award.
Section 691.1704 - Modification or Correction of Award.
Section 691.1705 - Judgment on Award; Attorney Fees and Litigation.
Section 691.1706 - Jurisdiction.
Section 691.1709 - Uniformity of Application and Construction.
Section 691.1710 - Relationship to Electronic Signatures in Global and National Commerce Act.