{"data":{"id":"us-mt/40-16-109","jurisdiction":"us-mt","citation":"40-16-109","heading":"Disclosure by arbitrator -- disqualification.","body":"(1) Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall disclose to all parties any known fact a reasonable person would believe is likely to affect:\n(a) the impartiality of the arbitrator in the arbitration, including bias, a financial or personal interest in the outcome of the arbitration, or an existing or past relationship with a party, attorney representing a party, or witness; or\n(b) the arbitrator's ability to make a timely award.\n(2) An arbitrator, the parties, and the attorneys representing the parties have a continuing obligation to disclose to all parties any known fact a reasonable person would believe is likely to affect the impartiality of the arbitrator or the arbitrator's ability to make a timely award.\n(3) An objection to the selection or continued service of an arbitrator and a motion for a stay of arbitration and disqualification of the arbitrator must be made pursuant to the arbitration agreement or on motion of a party to the court.\n(4) If a disclosure required by subsection (1)(a) or (2) is not made, the court may:\n(a) on motion of a party not later than 30 days after the failure to disclose is known or by the exercise of reasonable care should have been known to the party, suspend the arbitration;\n(b) on timely motion of a party, vacate an award under 40-16-119(1)(b); or\n(c) if an award has been confirmed, grant other appropriate relief.\n(5) If the parties agree to discharge an arbitrator or the arbitrator is disqualified, the parties by agreement may select a new arbitrator or request the court to select another arbitrator as provided in 40-16-108.","path":["TITLE 40. FAMILY LAW","CHAPTER 16. FAMILY LAW ARBITRATION","Part 1. Uniform Family Law Arbitration Act"],"source_url":"https://mca.legmt.gov/bills/mca/title_0400/chapter_0160/part_0010/section_0090/0400-0160-0010-0090.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:03Z","sha256":"390624f9c44fa06272968e0accdea8887e9299393a1863ebb3127ac88f215a5e","source_id":"us-mt","stale":false,"prev":"us-mt/40-16-108","next":"us-mt/40-16-110"},"notice":"GroundRules: Original legal text. Not legal advice."}