What is a motion to disqualify an arbitrator?

A motion to disqualify an arbitrator is a request to have the arbitrator selected to hear a dispute removed from that role. This motion is typically made when the party filing the motion does not feel the arbitrator chosen is impartial, or has a conflict of interest that could bias the arbitration outcome. In California, every party to an arbitration must be given a fair and full opportunity to present their evidence and opinion before the arbitrator. California Code of Civil Procedure Section 1281.9 states that if a party believes the arbitrator is not impartial for any reason, that party can file a motion to disqualify the arbitrator. The motion to disqualify must be filed within five days of when the person filing the motion became aware of the facts which they believe disqualify the arbitrator. When a motion to disqualify is made, the arbitrator selected will have a chance to respond to the motion. The court may also make inquiries into the facts of the case and the background of the arbitrator in order to decide if the arbitrator needs to be removed. The goal of any hearing should be to have the case heard by an impartial and fair arbitrator. The motion to disqualify an arbitrator is an important part of the arbitration process that can help ensure the parties have a fair and unbiased hear of their case.

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What is a motion to disqualify an arbitrator?

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