2004 Minnesota Statutes

     572.10 Appointment of arbitrators; disclosure required. 

    Subdivision 1.    Appointment by the court.  If the 
 arbitration agreement provides a method of appointment of 
 arbitrators, this method shall be followed.  In the absence 
 thereof, or if the agreed method fails or for any reason cannot 
 be followed, or when an arbitrator appointed fails or is unable 
 to act and a successor has not been duly appointed, the court on 
 application of a party shall appoint one or more arbitrators.  
 An arbitrator so appointed has all the powers of one 
 specifically named in the agreement. 

    Subd. 2.    Disclosure by a neutral arbitrator.  (a) A 
 "neutral arbitrator" is the only arbitrator in a case or is one 
 appointed by the court, by the other arbitrators, or by all 
 parties together in agreement.  A neutral arbitrator does not 
 include one selected by fewer than all parties even though no 
 other party objects.  

    (b) Except for arbitrations under the American Arbitration 
 Association, prior to selection, a neutral arbitrator shall 
 disclose any relationships the person has with any of the 
 parties, their counsel, insurers, or representatives and any 
 conflict of interest, or potential conflict of interest, the 
 person may have.  

    (c) In all arbitrations: 

    (1) after a neutral arbitrator has been selected, any 
 relationship, conflict of interest, or potential conflict of 
 interest that arises must be immediately disclosed by the 
 arbitrator in writing to all parties, and a party may move the 
 district court or the arbitration tribunal for removal of the 
 neutral arbitrator; 

    (2) the disclosure required under this section is in 
 addition to that which may be required by applicable rules of 
 law, ethics, or procedure; and 

    (3) if the neutral arbitrator fails to disclose a conflict 
 of interest or material relationship, it is grounds for vacating 
 an award for fraud as provided in section 572.19. 

    HIST: 1957 c 633 s 3; 1986 c 444; 1991 c 321 s 8