Arizona Revised Statutes

Ariz. Rev. Stat. § 12-3012 (2026)

Disclosure by arbitrator

✓ current as of May 2026
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12-3012. Disclosure by arbitrator

A. Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate, to the arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including both:

1. A financial or personal interest in the outcome of the arbitration proceeding.

2. An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness or another arbitrator.

B. An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate, to the arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.

C. If an arbitrator discloses a fact required by subsection A or B of this section to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based on the fact disclosed, the objection may be a ground under section 12-3023, subsection A, paragraph 2 for vacating an award made by the arbitrator.

D. If the arbitrator did not disclose a fact as required by subsection A or B of this section, on timely objection by a party, the court under section 12-3023, subsection A, paragraph 2 may vacate an award made by the arbitrator.

E. An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party is presumed to act with evident partiality under section 12-3023, subsection A, paragraph 2.

F. If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section 12-3023, subsection A, paragraph 2.

 

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2017–2022 · leading case: Gullett ex rel. Est. of Gullett v. Kindred Nursing Centers West, L.L.C., 390 P.3d 378 (Ariz. Ct. App. 2017).
Gullett ex rel. Est. of Gullett v. Kindred Nursing Centers West, L.L.C., 390 P.3d 378 (Ariz. Ct. App. 2017). · cites it 2× “§ 12-3011(B), and the disclosure of interests and relationships, A.R.S. § 12-3012, and from statutes providing remedies in the event an award is procured from an arbitrator who demonstrates partiality, AR.”
Fisher v. USAA Cas. Ins. Co., 427 P.3d 791 (Ariz. Ct. App. 2018). · cites it 10× “a known, existing and substantial relationship with a party is presumed to act with evident partiality under § 12-3023, subsection A, paragraph 2.”
Monster Energy Co. v. City Beverages, LLC, 940 F.3d 1130 (9th Cir. 2019). “, Ariz. Rev. Stat. Ann. § 12-3012 (E). In the states that have enacted the referenced measures, arbitrators currently operate under disclosure rules akin to, or more burdensome than, the easily satisfied obligations we set forth here.”
Mills & Woods v. Weiss (Ariz. Ct. App. 2022). · cites it 12× ““If an arbitrator discloses a fact required by subsection A or B of [A.R.S. § 12-3012] and a party timely objects to the appointment or continued service of the arbitrator based on the fact disclosed, the objection may be a ground under § 12-3023, subsection A, paragraph 2 for…”
— Ariz. Rev. Stat. § 12-3012(A) — 1 case
Mills & Woods v. Weiss (Ariz. Ct. App. 2022). ““If an arbitrator discloses a fact required by subsection A or B of [A.R.S. § 12-3012] and a party timely objects to the appointment or continued service of the arbitrator based on the fact disclosed, the objection may be a ground under § 12-3023, subsection A, paragraph 2 for…”
— Ariz. Rev. Stat. § 12-3012(A)(2) — 1 case
Fisher v. USAA Cas. Ins. Co., 427 P.3d 791 (Ariz. Ct. App. 2018). “a known, existing and substantial relationship with a party is presumed to act with evident partiality under § 12-3023, subsection A, paragraph 2.”
— Ariz. Rev. Stat. § 12-3012(C) — 1 case
Mills & Woods v. Weiss (Ariz. Ct. App. 2022). ““If an arbitrator discloses a fact required by subsection A or B of [A.R.S. § 12-3012] and a party timely objects to the appointment or continued service of the arbitrator based on the fact disclosed, the objection may be a ground under § 12-3023, subsection A, paragraph 2 for…”
— Ariz. Rev. Stat. § 12-3012(D) — 1 case
Fisher v. USAA Cas. Ins. Co., 427 P.3d 791 (Ariz. Ct. App. 2018). “a known, existing and substantial relationship with a party is presumed to act with evident partiality under § 12-3023, subsection A, paragraph 2.”
— Ariz. Rev. Stat. § 12-3012(E) — 2 cases
Fisher v. USAA Cas. Ins. Co., 427 P.3d 791 (Ariz. Ct. App. 2018). “a known, existing and substantial relationship with a party is presumed to act with evident partiality under § 12-3023, subsection A, paragraph 2.”
Mills & Woods v. Weiss (Ariz. Ct. App. 2022). ““If an arbitrator discloses a fact required by subsection A or B of [A.R.S. § 12-3012] and a party timely objects to the appointment or continued service of the arbitrator based on the fact disclosed, the objection may be a ground under § 12-3023, subsection A, paragraph 2 for…”
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