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 South Carolina. If a motion to disqualify an arbitrator is denied, a person can file a petition for a writ of certiorari within 14 days of the denial of the motion. The writ of certiorari is a writ from a higher court to a lower court that requires the lower court to certify records of the case for review by the higher court. The South Carolina Supreme Court has held that when a motion to disqualify is made, the party opposing the motion must show that there is no legal or factual basis for the motion. If the court finds that a party opposing the motion has met this burden, then the motion to disqualify may be denied. If the motion is denied, the aggrieved party may choose to appeal this determination by filing a petition for writ of certiorari. The South Carolina Supreme Court has held that a writ of certiorari is the appropriate remedy for an appeal of a motion to disqualify an arbitrator. The court will review the evidence presented at the original hearing and determine whether the ruling was reasonable or if the arbitrator should have been disqualified. If the Court sides with the aggrieved party, then the arbitrator will be disqualified and a new arbitrator will be assigned. If the Court does not side with the aggrieved party, then the original ruling will stand.
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