What is a motion to disqualify an arbitrator?
A motion to disqualify an arbitrator is a filing in an arbitration proceeding that requests the removal of the arbitrator due to conflict of interest or bias. In Delaware, it is the right of a party to arbitration to make a motion to disqualify an arbitrator if they have a reason to believe the arbitrator is not impartial or cannot otherwise provide a fair and impartial decision. A motion to disqualify an arbitrator must be filed in accordance with the Delaware Code of Civil Procedure and can be either written or oral. The motion must state the basis of the disqualification and the party must submit evidence to support their claims. The motion is then sent to the court and the arbitrator must reply to the motion as well. In Delaware, the court will then review both the motion and response, as well as any evidence submitted, to make an independent determination as to whether the arbitrator should be disqualified or not. The decision to disqualify an arbitrator is only granted in extreme circumstances and an appellate court must review the judge’s decision before it is finalized. Ultimately, a motion to disqualify an arbitrator is a serious step that must be taken with caution. Both the motion and the subsequent response must be carefully considered and all evidence must be thoroughly reviewed in order to make an informed decision.
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