 |
California Law (Last Updated: March 4, 2014) |
 |
Code of Civil Procedure - CCP |
|
Part 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE |
|
Title 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES |
|
Chapter 3. Composition of Arbitral Tribunals |
|
ARTICLE 3. Grounds for Challenge |
Section 1297.121.
-
Except as otherwise provided in this title, all persons whose names have been submitted for consideration for appointment or designation as arbitrators or conciliators, or who have been appointed or designated as such, shall, within 15 days, make a disclosure to the parties of any information which might cause their impartiality to be questioned including, but not limited to, any of the following instances:
(a) The person has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding.
(b) The person served as a lawyer in the matter in controversy, or the person is or has been associated with another who has participated in the matter during such association, or he or she 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 proceeding.
(d) The person, individually or a fiduciary, or such person's spouse or minor child residing in such person's household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding.
(e) The person, his or her spouse, or 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:
(i) The person is or has been a party to the proceeding, or an officer, director, or trustee of a party.
(ii) The person is acting or has acted as a lawyer in the proceeding.
(iii) The person is known to have an interest that could be substantially affected by the outcome of the proceeding.
(iv) The person is likely to be a material witness in the proceeding.
(f) The person has a close personal or professional relationship with a person who meets any of the following conditions:
(i) The person is or has been a party to the proceeding, or an officer, director, or trustee of a party.
(ii) The person is acting or has acted as a lawyer or representative in the proceeding.
(iii) The person is or expects to be nominated as an arbitrator or conciliator in the proceedings.
(iv) The person is known to have an interest that could be substantially affected by the outcome of the proceeding.
(v) The person is likely to be a material witness in the proceeding.