Section 600.5075 - Disqualification of arbitrator. - Michigan Statutes

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Statutes > Michigan > Chapter-600 > Act-236-of-1961 > 236-1961-50b > Section-600-5075

REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961

600.5075 Disqualification of arbitrator.

Sec. 5075.

(1) An arbitrator, attorney, or party in an arbitration proceeding under this chapter shall disclose any circumstance that may affect an arbitrator's impartiality, including, but not limited to, bias, a financial or personal interest in the outcome of the arbitration, or a past or present business or professional relationship with a party or attorney. Upon disclosure of such a circumstance, a party may request disqualification of the arbitrator and shall make that request as soon as practicable after the disclosure. If the arbitrator does not withdraw within 14 days after a request for disqualification, the party may file a motion for disqualification with the circuit court.

(2) The circuit court shall hear a motion under subsection (1) within 21 days after the motion is filed. If the court finds that the arbitrator is disqualified, the court may appoint another arbitrator agreed to by the parties or may void the arbitration agreement and proceed as if arbitration had not been ordered.

History: Add. 2000, Act 419, Eff. Mar. 28, 2001

State Codes and Statutes

Statutes > Michigan > Chapter-600 > Act-236-of-1961 > 236-1961-50b > Section-600-5075

REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961

600.5075 Disqualification of arbitrator.

Sec. 5075.

(1) An arbitrator, attorney, or party in an arbitration proceeding under this chapter shall disclose any circumstance that may affect an arbitrator's impartiality, including, but not limited to, bias, a financial or personal interest in the outcome of the arbitration, or a past or present business or professional relationship with a party or attorney. Upon disclosure of such a circumstance, a party may request disqualification of the arbitrator and shall make that request as soon as practicable after the disclosure. If the arbitrator does not withdraw within 14 days after a request for disqualification, the party may file a motion for disqualification with the circuit court.

(2) The circuit court shall hear a motion under subsection (1) within 21 days after the motion is filed. If the court finds that the arbitrator is disqualified, the court may appoint another arbitrator agreed to by the parties or may void the arbitration agreement and proceed as if arbitration had not been ordered.

History: Add. 2000, Act 419, Eff. Mar. 28, 2001

State Codes and Statutes

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State Codes and Statutes

Statutes > Michigan > Chapter-600 > Act-236-of-1961 > 236-1961-50b > Section-600-5075

REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961

600.5075 Disqualification of arbitrator.

Sec. 5075.

(1) An arbitrator, attorney, or party in an arbitration proceeding under this chapter shall disclose any circumstance that may affect an arbitrator's impartiality, including, but not limited to, bias, a financial or personal interest in the outcome of the arbitration, or a past or present business or professional relationship with a party or attorney. Upon disclosure of such a circumstance, a party may request disqualification of the arbitrator and shall make that request as soon as practicable after the disclosure. If the arbitrator does not withdraw within 14 days after a request for disqualification, the party may file a motion for disqualification with the circuit court.

(2) The circuit court shall hear a motion under subsection (1) within 21 days after the motion is filed. If the court finds that the arbitrator is disqualified, the court may appoint another arbitrator agreed to by the parties or may void the arbitration agreement and proceed as if arbitration had not been ordered.

History: Add. 2000, Act 419, Eff. Mar. 28, 2001