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 Dakota. When an arbitrator is disqualified, the party who made the motion may appeal to the court. According to the South Dakota Code of Civil Procedure, “an order disqualifying an arbitrator may be appealed as in other civil matters.” The appeals process begins after a court has made a decision to grant or deny the motion to disqualify an arbitrator. The appeals process is similar to any other litigation procedure, with parties filing an appeal to the South Dakota Supreme Court. Both parties are entitled to a hearing, after which the court will determine whether to uphold the lower court’s decision or overturn it. It is important to note that all appeals must be filed within thirty days of the decision being made from the lower court. Additionally, an appeal on a motion to disqualify an arbitrator will only be heard on the merits of the motion, and not on any other matters. In summary, yes, in South Dakota there is an appeals process for a motion to disqualify an arbitrator. Following a decision from the lower court, the parties may appeal to the South Dakota Supreme Court within thirty days. The court will then determine whether to uphold or overturn the lower court’s decision.

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