808-008-0140 Qualifications of Arbitrator (1) An individual who has a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party may not serve as an arbitrator. (2) 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. (3) 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. (4) If an arbitrator discloses a fact required by subsection (2) or (3) 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(1)(b) for vacating an award made by the arbitrator. (5) If the arbitrator did not disclose a fact as required by subsection (2) or (3) of this section, upon timely objection by a party, the court under ORS 36.705(1)(b) may vacate an award. (6) An arbitrator who does not disclose a know, 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(1)(b). (7) Substantial compliance with the procedures in this division 8 of this chapter for challenges to an arbitrator before an award is made is a condition precedent to a petition to vacate an award on that ground under ORS 36.705(1)(b). (8) Upon objection of a party to the continued service of an arbitrator, the agency administrator or a person designated by the agency administrator shall determine whether the arbitrator should be disqualified. This decision shall be final. Upon objection of a party to the continued service of an arbitrator, the agency administrator or a person designated by the agency administrator shall determine whether the arbitrator should be disqualified. This decision shall be final. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05 Reverted to LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 8-2003(Temp), f. 12-23-03, cert. ef. 1-1-04 thru 6-27-04 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93