1. (a) Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall disclose to all parties any known fact that a reasonable person would believe is likely to affect:

   1. (1) The impartiality of the arbitrator in the arbitration, including bias, a financial or personal interest in the outcome of the arbitration, or an existing or past relationship with a party, attorney representing a party, or witness; or
   2. (2) The arbitrator's ability to make a timely award.
2. (b) An arbitrator, the parties, and the attorneys representing the parties have a continuing obligation to disclose to all parties any known fact a reasonable person would believe is likely to affect the impartiality of the arbitrator or the arbitrator's ability to make a timely award.
3. (c) An objection to the selection or continued service of an arbitrator and a motion for a stay of arbitration and disqualification of the arbitrator shall be made under the law and procedural rules of the District other than this chapter governing arbitrator disqualification.

4. (d) If a disclosure required by subsection (a)(1) or (b) of this section is not made, the Superior Court may:

   1. (1) On motion of a party not later than 30 days after the failure to disclose is known or by the exercise of reasonable care should have been known to the party, suspend the arbitration;
   2. (2) On timely motion of a party, vacate an award under § 16-5619(a)(2); or
   3. (3) If an award has been confirmed, grant other appropriate relief under law of the District other than this chapter.
5. (e) If the parties agree to discharge an arbitrator or the arbitrator is disqualified, the parties by agreement may select a new arbitrator or request the Superior Court to select another arbitrator as provided in § 16-5608.

History

Mar. 10, 2023, D.C. Law 24-286, § 2(b)