Is there a way to disqualify an arbitrator in a securities arbitration case?
Yes, there is a legal procedure for disqualifying an arbitrator in a securities arbitration case in Texas. In order to disqualify an arbitrator, a party must file a motion to disqualify the arbitrator with the American Arbitration Association (AAA) which administers securities arbitration cases in Texas. The motion needs to explain why the arbitrator should be disqualified, such as a conflict of interest or bias. The AAA will review the motion and can either grant or deny the motion. If the motion is granted, then the AAA will appoint a new arbitrator to replace the disqualified one. In some cases, the Texas Supreme Court has the power to review decisions of the AAA on a motion to disqualify an arbitrator. This means that if a party is not satisfied with the AAA’s decision, they can file a petition with the Texas Supreme Court to have the decision reviewed. The Texas Supreme Court will then review the motion and either accept or reject the decision of the AAA. In order to keep the process fair and impartial, parties should make the motion to disqualify an arbitrator as soon as they have reason to believe the arbitrator is biased or has a conflict of interest. This will help to expedite the arbitration process and ensure that the correct arbitrator is assigned to the case.
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