2 AAC 12.962. Recusal, disclosure, and challenge

(a) An arbitrator shall decline appointment if any circumstance prevents the arbitrator from being impartial or independent, including any bias, any personal or financial interest in the outcome of the arbitration, or any past or present business or personal relationships with the parties or their representatives.

(b) An arbitrator shall disclose to the parties any circumstances that might reflect adversely on the arbitrator's impartiality or independence, even if the arbitrator does not believe those circumstances justify recusal.

(c) A party may challenge an arbitrator by filing a request for recusal with the commissioner within five days after the date the party receives the arbitrator's disclosure. The request must describe the basis for recusal in sufficient detail to make the alleged grounds clear to the commissioner. A copy shall be served on the other party and the arbitrator. The other party may file and serve a response within five days after service of the request for recusal. The arbitrator may not file a response.

(d) After reviewing a request for recusal and the response, if any, the commissioner shall determine whether to recuse the arbitrator. The commissioner's decision is final and binding.

History: Eff. 5/26/2004, Register 170

Authority: AS 36.30.040

AS 36.30.870

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