1-567.43A. Disclosure by arbitrator.
(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 to 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 the following:
(1) A financial or personal interest in the outcome of the arbitration proceeding.
(2) An existing or past relationship with any of the parties to the agreement to arbitrate or to the arbitration proceeding, their counsel or representatives, a witness, or other arbitrators.
(b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and to the arbitration 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.
(c) If an arbitrator discloses a fact required by subsection (a) or (b) of this section to be disclosed, and a party makes a timely objection to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under G.S. 1-567.64 for vacating an award made by the arbitrator.
(d) If the arbitrator did not disclose a fact as required by subsection (a) or (b) of this section, upon timely objection by a party, the court under G.S. 1-567.64 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 G.S. 1-567.64.
(f) If the parties to an arbitration proceeding agree to the procedures of an institution 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 G.S. 1-567.64. (2017-171, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 45B - International Commercial Arbitration and Conciliation.
§ 1-567.30 - Preamble and short title.
§ 1-567.31 - Scope of application.
§ 1-567.32 - Definitions and rules of interpretation.
§ 1-567.33 - Receipt of written communications or submissions.
§ 1-567.34 - Waiver of right to object.
§ 1-567.35 - Extent of court intervention.
§ 1-567.36 - Venue and jurisdiction of courts.
§ 1-567.37 - Definition and form of arbitration agreement.
§ 1-567.38 - Arbitration agreement and substantive claim before court.
§ 1-567.39 - Interim relief and the enforcement of interim measures.
§ 1-567.40 - Number of arbitrators.
§ 1-567.41 - Appointment of arbitrators.
§ 1-567.43A - Disclosure by arbitrator.
§ 1-567.44 - Failure or impossibility to act.
§ 1-567.45 - Appointment of substitute arbitrator.
§ 1-567.46 - Competence of arbitral tribunal to rule on its jurisdiction.
§ 1-567.47 - Power of arbitral tribunal to order interim measures.
§ 1-567.48 - Equal treatment of parties; representation by attorney.
§ 1-567.49 - Determination of rules of procedure.
§ 1-567.50 - Place of arbitration.
§ 1-567.51 - Commencement of arbitral proceedings.
§ 1-567.53 - Statements of claim and defense.
§ 1-567.54 - Hearings and written proceedings.
§ 1-567.55 - Default of a party.
§ 1-567.56 - Expert appointed by arbitral tribunal.
§ 1-567.57 - Court assistance in obtaining discovery and taking evidence.
§ 1-567.58 - Rules applicable to substance of dispute.
§ 1-567.59 - Decision making by panel of arbitrators.
§ 1-567.61 - Form and contents of award.
§ 1-567.62 - Termination of proceedings.
§ 1-567.63 - Correction and interpretation of awards; additional awards.
§ 1-567.64 - Modifying or vacating of awards.
§ 1-567.65 - Confirmation and enforcement of awards.
§ 1-567.66 - Applications to court.
§ 1-567.68 - Recodified as § 1-567.33A by Session Laws 1997-368, s3.
§ 1-567.78 - Appointment of conciliators.
§ 1-567.80 - Report of conciliators.
§ 1-567.82 - Stay of arbitration; resort to other proceedings.
§ 1-567.83 - Termination of conciliation.
§ 1-567.84 - Enforceability of decree.
§ 1-567.86 - Effect on jurisdiction.
§ 1-567.87 - Immunity of conciliators and parties.
§ 1-567.88 - Uniformity of application and construction.
§ 1-567.89 - Relationship to federal Electronic Signatures in Global and National Commerce Act.