Is there an appeals process for a motion to disqualify an arbitrator?
Yes, there is an appeals process for a motion to disqualify an arbitrator in California. A party may file a motion to disqualify an arbitrator for certain reasons, such as a conflict of interest or bias. If the motion is denied by the arbitrator or by the court, then the party may appeal the decision to the Court of Appeals for the Ninth Circuit. The party must file the appeal within thirty days of the decision, and the appeal will be heard and decided by a three-judge panel. The Court of Appeals will consider the arguments presented by both sides and will review the evidence to determine whether the motion to disqualify the arbitrator was properly denied. The Court of Appeals will issue a written decision, which will be binding upon the parties unless the United States Supreme Court grants a petition to review the decision. When a party files an appeal, they must pay a filing fee and may be required to post a bond or make other financial arrangements with the court. Additionally, the appellate court may require the party to submit a written brief describing the arguments for the appeal. The party may represent themselves or they may hire an attorney to represent them during the appeal. In summary, parties in California may appeal a decision regarding a motion to disqualify an arbitrator to the Court of Appeals for the Ninth Circuit. The court will review the evidence and arguments and issue a written decision. The party appealing must pay a filing fee and may hire an attorney to represent them during the appeal.
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