Okla. Stat. tit. 12, § 12-1863
This is the official text of Okla. Stat. tit. 12, § 12-1863, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Disclosure of facts
Official statutory text
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
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 but not limited to:
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 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 of this section 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 paragraph 2
of subsection A of Section 24 of this act 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 paragraph 2 of subsection A of Section 24 of this
act 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 paragraph 2 of subsection A of Section 24 of this act.
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 an
application and motion to vacate an award on that ground under
paragraph 2 of subsection A of Section 24 of this act.
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 but not limited to:
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 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 of this section 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 paragraph 2
of subsection A of Section 24 of this act 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 paragraph 2 of subsection A of Section 24 of this
act 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 paragraph 2 of subsection A of Section 24 of this act.
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 an
application and motion to vacate an award on that ground under
paragraph 2 of subsection A of Section 24 of this act.
Status: in_force · Read it on the official government site
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