May a CIAC arbitrator be disqualified for being a classmate of a party or a lawyer in a case?

Can a party successfully challenge the appointment of an arbitrator of the Construction Industry Arbitration Commission (“CIAC”) for being a classmate of the counsel of the other party or the other party’s lawyer?

The short answer is “no”.

Under Section 9.6 of the CIAC Rules of Procedure, the only grounds to challenge the appointment of an arbitrator are:

a) relationship by blood or marriage within the sixth degree of either party to the controversy, or to counsels within the fourth degree, computed according to the rules of civil law;

b) financial, fiduciary or other interest in the controversy;

c) partiality or bias;

d) incompetence, or professional misconduct.

A party may also request the inhibition of an arbitrator upon other just and valid reasons affecting independence, integrity, impartiality, and interest.

These grounds do not allow inhibition at every instance that a schoolmate or classmate appears before an arbitrator as counsel for one of the parties.

Inhibitions must be for just and valid causes only. The mere imputation of bias or partiality on the sole ground that the arbitrator is a classmate of one of the counsels of a party is an insufficient ground for arbitrators to inhibit, especially when the charge is without basis.

Neither is organizational affiliation, by itself, a ground for inhibition. An arbitrator who is or was a member of a university alumni association, a college fraternity or sorority, a socio-civic association. a religious organization, and various other societies is not expected to automatically inhibit himself or herself from acting whenever a case involving a member of his or her group happens to come before him or her for action.

CIAC arbitrators are carefully selected, vetted, and trained before they are allowed to handle cases. Once accredited and appointed, arbitrators are expected to maintain the highest standards of probity, integrity, and honor and to faithfully comply with their oaths to be independent arbitrators.

Ultimately, the decision of the Commission to remove or retain the appointment of a member of the tribunal is final.

Click here for the latest CIAC Rules of Procedure.