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

Yes, a motion to disqualify an arbitrator in Kansas has an appeals process. Under the Kansas Uniform Arbitration Act (KUAA), a person or party that wants to disqualify an arbitrator may file a motion to that effect, and the other parties involved must be notified. If the motion is granted, the disqualified arbitrator is replaced with another appointed arbitrator. The KUAA states that this new arbitrator shall act as if appointed on the date that the original arbitrator was appointed. If any of the parties object to the disqualification of the original arbitrator or the appointment of the new arbitrator, they may file an appeal. The appeal must be filed with the circuit court in the county where the arbitration is taking place. When a party files an appeal, the arbitration proceedings are halted until the court rules on the appeal. Once the court rules on the appeal of the motion to disqualify the arbitrator, the parties will proceed accordingly. If the court upholds the disqualification, the new arbitrator will continue the proceedings. If the court overturns the disqualification, the original arbitrator will resume the arbitration proceedings.

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