201 CMR, § 14.06 - The Arbitrator

(1) Selection of Arbitrator . The OCABR shall appoint the arbitrator when the applicant is deemed eligible for arbitration. A single arbitrator shall conduct each hearing.

(2) No Party Approval Power. The choice of the arbitrator is not subject to the approval of either party.

(3) Lack of Bias Requirement. The arbitrator shall not have a personal interest in the outcome of any hearing, nor be acquainted with any of the participants except as such acquaintance may occur in the hearing process, nor hold any prejudice or bias toward any individual party or class of parties which might be involved in the proceedings.

(4) Disclosure of Conflicts. If an arbitrator is currently, or has been in the past, a contractor or subcontractor, either part-time or full-time, or if the arbitrator has been the claimant or respondent for any action pursuant to M.G.L. c. 142A, he or she must disclose this fact to the parties prior to the hearing. Either party may then request another arbitrator with a showing of good cause that the conflict will affect the arbitration outcome.

(5) Arbitrator Disqualification. If either party has a reasonable basis to believe that an arbitrator has violated either 201 CMR 14.06(3) or (4) that party may request that the arbitrator be disqualified by submitting the request in writing to the OCABR before the hearing if based on information known at that time. Any such request shall be submitted in writing to the OCABR no later than ten business days from the date the OCABR provides notice of the appointment of the arbitrator to the involved parties.

(6) Code of Ethics. The arbitrator shall be guided by the standards of ethical conduct established in The Code of Ethics for Arbitrators in Commercial Disputes prepared by a Joint Committee consisting of a Special Committee of the American Arbitration Association and a Special Committee of the American Bar Association.

Notes

201 CMR, § 14.06

Amended by Mass Register Issue 1314, eff. 6/3/2016.