Section 2712.22 | Potential arbitrators and conciliators to disclose questionable impartiality.
Except as otherwise provided in this chapter, all persons whose names are submitted for consideration for appointment or designation as arbitrators or conciliators, or who are appointed or designated as arbitrators or conciliators, within fifteen days of the submission, designation, or appointment, shall disclose to the parties any information that might cause their impartiality to be questioned, including any of the following circumstances:
(A) The person has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceedings.
(B) The person served as an attorney in the matter in controversy, the person is or was associated with another who has participated in the matter during such association, or the person has been a material witness concerning it.
(C) The person served as an arbitrator or conciliator in another proceeding involving one or more of the parties to the proceedings.
(D) The person, individually or as a fiduciary, or the person's spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceedings, or any other interest that could be substantially affected by the outcome of the proceedings.
(E) The person, his spouse, a person within the third degree of relationship to either of them, or the spouse of such a person meets any of the following conditions:
(1) The person is or has been a party to the proceedings, or an officer, director, or trustee of a party.
(2) The person is acting or has acted as an attorney in the proceedings.
(3) The person is known to have an interest that could be substantially affected by the outcome of the proceedings.
(4) The person is likely to be a material witness in the proceedings.
(F) The person has a close personal or professional relationship with a person who meets any of the following conditions:
(1) The person is or has been a party to the proceedings, or an officer, director, or trustee of a party.
(2) The person is acting or has acted as an attorney or representative in the proceedings.
(3) The person is or expects to be nominated as an arbitrator or conciliator in the proceedings.
(4) The person is known to have an interest that could be substantially affected by the outcome of the proceedings.
(5) The person is likely to be a material witness in the proceedings.
Available Versions of this Section
- October 23, 1991 – House Bill 221 - 119th General Assembly [ View October 23, 1991 Version ]