[§658A-12]  Disclosure by arbitrator. 
(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:



(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) 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 section 658A-23(a)(2) for
vacating an award made by the arbitrator.



(d)  If the arbitrator did not disclose a fact
as required by subsection (a) or (b), upon timely objection by a party, the
court under section 658A-23(a)(2) 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
section 658A-23(a)(2).



(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 a motion to vacate
an award on that ground under section 658A-23(a)(2). [L 2001, c 265, pt of §1]