REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.5075 Disqualification of arbitrator.
Sec. 5075.
(1) An arbitrator, attorney, or party in an arbitration proceeding under this chapter shall disclose any circumstance that may affect an arbitrator's impartiality, including, but not limited to, bias, a financial or personal interest in the outcome of the arbitration, or a past or present business or professional relationship with a party or attorney. Upon disclosure of such a circumstance, a party may request disqualification of the arbitrator and shall make that request as soon as practicable after the disclosure. If the arbitrator does not withdraw within 14 days after a request for disqualification, the party may file a motion for disqualification with the circuit court.
(2) The circuit court shall hear a motion under subsection (1) within 21 days after the motion is filed. If the court finds that the arbitrator is disqualified, the court may appoint another arbitrator agreed to by the parties or may void the arbitration agreement and proceed as if arbitration had not been ordered.
History: Add. 2000, Act 419, Eff. Mar. 28, 2001
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2003–2021 · leading case:
Harvey v. Harvey, 668 N.W.2d 187 (Mich. Ct. App. 2003).
Harvey v. Harvey, 668 N.W.2d 187 (Mich. Ct. App. 2003).
· cites it 2× “§ 600.5075; (5) meeting with arbitrator and order for material information, M.”
Miller v. Miller, 691 N.W.2d 788 (Mich. Ct. App. 2005).
· cites it 2× “] [1] MCL 600.5075 requires the arbitrator to disclose any circumstance that may affect his or her impartiality.”
Vita S Shannon v. Aron L Ralston (Mich. Ct. App. 2019).
· cites it 6× “We agree with plaintiff’s position and find support in MCL 600.5075, which provides: (1) An arbitrator, attorney, or party in an arbitration proceeding under this chapter shall disclose any circumstance that may affect an arbitrator’s impartiality, including, but not limited to,…”
Norman Davidson v. Wendy Davidson (Mich. Ct. App. 2021).
“In support, plaintiff relies on MCL 600.5075(2), which requires court involvement within 21 days after a party requests disqualification of an arbitrator during the arbitration process.”
— Mich. Comp. Laws § 600.5075(2) — 1 case
Norman Davidson v. Wendy Davidson (Mich. Ct. App. 2021).
“In support, plaintiff relies on MCL 600.5075(2), which requires court involvement within 21 days after a party requests disqualification of an arbitrator during the arbitration process.”
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