Chapter 12 - § 12.10 • MOTION TO DISQUALIFY ARBITRATOR

• Jurisdiction: Colorado

§ 12.10 • MOTION TO DISQUALIFY ARBITRATOR

Generally, the court does not become involved in motions to disqualify an arbitrator. Rather, the issue comes before the court upon a motion to vacate an award on statutory grounds.

The Fifth Circuit held that the FAA does not authorize a federal court to remove an arbitrator appointed under a valid arbitration agreement prior to the issuance of an award.³⁰ However, AAA Commercial Arbitration Rule R-18, "Disqualification of Arbitrator," provides for disqualification at any time:

(a) Any arbitrator shall be impartial and independent and shall perform his or her duties with diligence and in good faith, and shall be subject to disqualification for:

i. partiality or lack of independence,
ii. inability or refusal to perform his or her duties with diligence and in good faith, and
iii. any grounds for disqualification provided by applicable law.

(b) The parties may agree in writing, however, that arbitrators directly appointed by a party pursuant to Section R-13 shall be non-neutral, in which case such arbitrators

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