Mediation and Arbitration

ORS 36.650
Disclosure by arbitrator


(1)

Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators in the arbitration proceeding any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:

(a)

A financial or personal interest in the outcome of the arbitration proceeding; and

(b)

An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness or another arbitrator in the proceeding.

(2)

An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators in the proceeding any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.

(3)

If an arbitrator discloses a fact required by subsection (1) or (2) of this section to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under ORS 36.705 (Vacating award) (1)(b) for vacating an award made by the arbitrator.

(4)

If the arbitrator did not disclose a fact as required by subsection (1) or (2) of this section, upon timely objection by a party, the court under ORS 36.705 (Vacating award) (1)(b) may vacate an award.

(5)

An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party, the party’s counsel or representatives, a witness or another arbitrator in the proceeding is presumed to act with evident partiality under ORS 36.705 (Vacating award) (1)(b).

(6)

If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a petition to vacate an award on that ground under ORS 36.705 (Vacating award) (1)(b). [2003 c.598 §12]
Note: See note under 36.600 (Definitions).
§§ 36.600 to 36.740

Notes of Decisions

Uniform Arbitration Act applies to actions filed on or after January 1, 2004, regarding agreement to arbitrate, regardless of date of agreement. Martin v. Comcast of California, 209 Or App 82, 146 P3d 380 (2006)

Uniform Arbitration Act applies to any arbitration agreement regardless of when arbitrating parties entered into agreement. Jeld-Wen, Inc. v. PacifiCorp, 240 Or App 124, 245 P3d 685 (2010)

Uniform Arbitration Act gives courts authority to deny motion to compel arbitration under arbitration clause on grounds that contract containing clause is unenforceable. Hinman v. Silver Star Group, LLC, 280 Or App 34, 380 P3d 994 (2016)


Source

Last accessed
Jun. 26, 2021