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 Kansas. The Kansas Uniform Arbitration Act states that either party in the case may challenge the arbitrator on the grounds of bias, partiality, interest, or other reasonable cause. The challenging party must provide a written statement of the reasons the arbitrator should be disqualified within the allotted time. The arbitrator is then asked to respond to the challenge in writing. The arbitrator, if challenged, must then make a decision on whether or not to disqualify themselves. The arbitrator is expected to be fair and impartial and must consider the facts and circumstances of the case and current state laws. If the disqualification is granted, then a replacement arbitrator will be chosen. In order to challenge an arbitrator, it is important to provide enough information to make a reasonable argument that the arbitrator is not impartial or has a personal interest in the case. If a reasonable argument is not made then the challenge may be denied. In summary, the Kansas Uniform Arbitration Act allows for the disqualification of an arbitrator in a securities arbitration case. Any challenge must be done in writing and supported with sufficient evidence. If the challenge is deemed to have reasonable cause, then a new arbitrator will be chosen.
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