40-16-109. Disclosure by arbitrator -- disqualification. (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:
(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 pursuant to the arbitration agreement or on motion of a party to the court.
(4) If a disclosure required by subsection (1)(a) or (2) is not made, the court may:
(a) on motion of a party not later than 30 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 40-16-119(1)(b); or
(c) if an award has been confirmed, grant other appropriate relief.
(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 40-16-108.
History: En. Sec. 9, Ch. 32, L. 2021.
Structure Montana Code Annotated
Chapter 16. Family Law Arbitration
Part 1. Uniform Family Law Arbitration Act
40-16-105. Arbitration agreement
40-16-106. Notice of arbitration
40-16-107. Motion for judicial relief
40-16-108. Qualification and selection of arbitrator
40-16-109. Disclosure by arbitrator -- disqualification
40-16-110. Party participation
40-16-111. Temporary order or award
40-16-112. Protection of party or child
40-16-113. Powers and duties of arbitrator
40-16-114. Recording of hearing
40-16-116. Confirmation of award
40-16-117. Correction by arbitrator of unconfirmed award
40-16-118. Correction by court of unconfirmed award
40-16-119. Vacation or amendment by court of unconfirmed award
40-16-120. Clarification of confirmed award
40-16-122. Modification of confirmed award or judgment
40-16-123. Enforcement of confirmed award
40-16-125. Immunity of arbitrator
40-16-126. Uniformity of application and construction
40-16-127. Relation to electronic signatures in global and national commerce act