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 Delaware. A party that objects to the continuance of an arbitration proceeding may make a motion to disqualify the arbitrator. If the motion is denied, the party can appeal the decision to the Delaware Superior Court. The Court will consider the facts and arguments presented and will determine whether the motion should have been granted. The process for appeal is outlined in Delaware Code Title 10, Chapter 5. If an appeal is made, it must be heard in a timely manner. The appeal must be filed in writing within 10 days of the decision being made by the arbitrator or the court filing of the motion to disqualify. Additionally, the appellee must be served with a copy of the appeal and given at least 20 days to prepare a response prior to the hearing. At the hearing, the court will review the motion and any additional evidence presented to determine whether the arbitrator should have been disqualified. If the court finds that the motion should have been granted, the appeal will be granted and the case will be remitted back to the arbitrator for further proceedings. In Delaware, motions to disqualify an arbitrator are taken seriously and considered carefully. The appeals process in place is there to ensure that all parties are given fair and just determinations when it comes to the arbitration process.

Related FAQs

What is a motion to dismiss an arbitration?
How is an arbitration award enforced?
Is there an appeals process for an arbitration award?
Is there a right of appeal in arbitration?
Can arbitration awards be modified?
Are there any special considerations for securities arbitration?
What is a writ of mandamus?
What is a motion to stay proceedings pending arbitration?
What is a motion to vacate an arbitration award?
Can an arbitration award be annulled?

Is there an appeals process for a motion to disqualify an arbitrator?

Related FAQs

Related Blog Posts