Is there a way to disqualify an arbitrator in a securities arbitration case?
Yes, there is a way to disqualify an arbitrator in a securities arbitration case in California. Under the California Code of Civil Procedure 1281.91, a party may file a motion to disqualify an arbitrator if any of the following situations arise: 1) The arbitrator has a financial, personal, or professional interest in the case or outcome of the arbitration that could potentially bias the arbitrator’s judgement. 2) The arbitrator is related to or associated with any party in the case in a way that could potentially impair the arbitrator’s ability to remain impartial. 3) The arbitrator has a prior history of bias or prejudice against either party in the case. 4) The arbitrator was part of the case’s original dispute resolution process. 5) The arbitrator failed to disclose any information or facts related to the case that could potentially be prejudicial or could be considered a conflict of interest. The motion to disqualify must be filed within a reasonable amount of time before the beginning of any arbitration proceedings. The case’s presiding arbitrator will then review the motion and determine if there is sufficient cause to disqualify the arbitrator in question. If it is determined that the arbitrator should be disqualified, the presiding arbitrator will appoint a new arbitrator to take the disqualified arbitrator’s place.
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