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 Florida, the Florida Statutes outline the criteria for disqualification of an arbitrator. Generally, disqualification of an arbitrator is possible if there is a relationship between them and the parties involved in the case that could create a conflict of interest, or if they lack impartiality or independence. For instance, a person may be disqualified as an arbitrator if they have a financial or personal stake in the outcome of the arbitration. An arbitrator may also be disqualified if they are a current or former employee of the company or law firm involved in the case. Additionally, if an arbitrator has a bias or prejudice against either party involved in the case, they may be disqualified. In addition, the courts have the authority to disqualify an arbitrator if they do not have the qualifications or competence to make a fair decision in the case. Therefore, a party to the arbitration may file a motion to disqualify the arbitrator at any point before a final decision is rendered. The court will then rule on the motion and either grant it, or deny it. In conclusion, in the state of Florida there is a method by which an arbitrator can be disqualified in a securities arbitration case. If the arbitrator has a conflict of interest or lacks impartiality, impartiality or independence, or does not have the qualifications or competence to make a fair decision, a party to the arbitration may file a motion to have them disqualified.
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