(a) Notice of the appointment of the arbitrator shall
be sent to the arbitrator by SOAH, together with a copy of this chapter
and an acceptance form for the arbitrator to sign and return. The
signed acceptance of the arbitrator shall be filed with SOAH prior
to the first pre-hearing conference or other meeting of the parties
to the arbitration.
(b) The acceptance of the arbitrator shall state that
the arbitrator is qualified and willing to serve as arbitrator in
accordance with this chapter, and with the current Code of Ethics
for Arbitrators in Commercial Disputes issued by the American Bar
Association and the American Arbitration Association. It shall also
state that the arbitrator foresees no difficulty in completing the
arbitration according to the schedule set out in this chapter.
(c) A potential arbitrator must not accept appointment
in or continue handling any matter in which the arbitrator believes
or perceives that participation as an arbitrator would be a conflict
of interest or create the impression of a conflict. The duty to disclose
is a continuing obligation throughout the arbitration process.
(d) Upon objection of a party to the continued service
of an arbitrator, the chief judge shall provide the arbitrator and
all parties an opportunity to respond. After consideration of these
responses, the chief judge shall determine whether the arbitrator
should be disqualified and shall inform the parties of his/her decision,
which shall be conclusive.
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