What is a motion to disqualify an arbitrator?

A motion to disqualify an arbitrator is when a party in an arbitration proceeding raises an objection that the arbitrator should not be allowed to continue presiding. This objection could be raised for a variety of reasons. For example, the party might believe the arbitrator is biased in favor of one of the parties or has a conflict of interest in the outcome of the case. In North Carolina, the arbitration agreement can provide guidance as to if and how to proceed with a motion to disqualify an arbitrator. If the agreement does not provide guidance, the North Carolina Uniform Arbitration Act provides the procedure for making such a motion. Under the Act, an arbitrator can be disqualified if there is actual bias or if a party can demonstrate that the likelihood of bias on the part of the arbitrator is sufficient. If a party files a motion to disqualify an arbitrator, the motion must be filed quickly because the Act states the proceedings may be delayed until the motion is decided upon. If the arbitrator is disqualified, then the hearing must be postponed until a new arbitrator is selected. Overall, motions to disqualify an arbitrator are not uncommon and can be an important tool for parties in an arbitration proceeding in North Carolina.

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What is a motion to disqualify an arbitrator?

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