Oklahoma § 12-1863 - Disclosure of facts

§ 12-1863. Disclosure of facts

A. 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 any known facts

that a reasonable person would consider likely to affect the

impartiality of the arbitrator in the arbitration proceeding,

including but not limited to:

1. A financial or personal interest in the outcome of the

arbitration proceeding; and

2. 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.

B. An arbitrator has a continuing obligation to disclose to all

parties to the agreement to arbitrate and arbitration proceeding and

to any other arbitrators any facts that the arbitrator learns after

accepting appointment which a reasonable person would consider

likely to affect the impartiality of the arbitrator.

C. If an arbitrator discloses a fact required by subsection A

or B 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 paragraph 2

of subsection A of Section 24 of this act for vacating an award made

by the arbitrator.

D. If the arbitrator did not disclose a fact as required by

subsection A or B of this section, upon timely objection by a party,

the court under paragraph 2 of subsection A of Section 24 of this

act may vacate an award.

E. 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 is presumed to act with evident partiality

under paragraph 2 of subsection A of Section 24 of this act.

F. 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 an

application and motion to vacate an award on that ground under

paragraph 2 of subsection A of Section 24 of this act.

Added by Laws 2005, c. 364, § 13.