PRETRIAL ADJUDICATION
...Judicial Arbitration
......The Arbitrator
.........Disqualification
11 Cards On This Topic:
  • Any party may request disqualification of arbitrator in judicial arbitration.
  • Any ground for disqualification of judge in 170.1 may be ground for disqualification of arbitrator.
  • In judicial arbitration, it is duty of the arbitrator to determine existence of any ground for disqualification and notify administrator unless disclosed to parties in writing and expressly waived in writing.
  • If 1st arbitrator in judicial arbitration declines to serve or 2d arbitrator declines or does not complete hearing within 90 days, with stated exceptions, appointment vacated.
  • Arbitrator's delay, violating former rule 1605 (b)’s time mandate, constituted reversible error on ground arbitrator subject to disqualification.
  • Arbitrator may be disqualified if prejudice established against any party, attorney or any interest of party or attorney appearing in action.
  • Prejudice may be established by oral or written motion without notice supported by affidavit under oath or oral statement.
  • Form of disqualification affidavit.
  • Oral statement in lieu of affidavit shall include substantially the same contents as the written affidavit.
  • Code Civ. Proc. §170.6 does not affect or limit provisions of Code Civ. Proc. §170 and Title 4, Part 2; any provision held invalid shall not affect other provisions and is thus severable.
  • Copy of request to disqualify must be sent to ADR administrator.