Koch

A proposed neutral arbitrator is required to disclose “all matters that could cause a person aware of the facts to reasonably entertain a doubt that [he or she] would be able to be impartial.” (Code Civ. Proc., § 1281.9, subd. (a).) Based on a disclosure statement, a party may automatically disqualify an arbitrator by serving a timely written notice of disqualification. (§ 1281.91, subd. (b)(1).) The trial court must vacate an arbitration award if it finds the arbitrator “was subject to disqualification upon grounds specified in Section 1281.91 but failed upon receipt of timely demand to disqualify himself or herself as required by that provision.” (§ 1286.2, subd. (a)(6).)

The issue in this case is one of first impression: Must an arbitration award be vacated on the ground the arbitrator refused to disqualify himself after receiving a timely notice of disqualification, when the notice was based on the disclosure of information the arbitrator was not required to disclose but nonetheless revealed out of an abundance of caution? We answer the question in the negative, and affirm the judgment confirming an arbitration award in favor of plaintiff Luce, Forward, Hamilton &…