Sec. 172.056. DISCLOSURE OF GROUNDS FOR CHALLENGE. (a) Except as otherwise provided by this chapter, a person who is contacted in connection with the person's possible appointment or designation as an arbitrator or conciliator or who is appointed or designated shall, not later than the 21st day after the date of the contact, appointment, or designation, disclose to each party any information that might cause the person's impartiality or independence to be questioned, including information that:
(1) the person:
(A) has a personal bias or prejudice concerning a party;
(B) has personal knowledge of a disputed evidentiary fact concerning the proceeding;
(C) served as an attorney in the matter in controversy;
(D) is or has been associated with another who has participated in the matter during the association;
(E) has been a material witness concerning the matter;
(F) served as an arbitrator or conciliator in another proceeding involving a party to the proceeding; or
(G) has a close personal or professional relationship with a person who:
(i) is or has been a party to the proceeding or an officer, director, or trustee of a party;
(ii) is acting or has acted as an attorney or representative in the proceeding;
(iii) is or expects to be nominated as an arbitrator or conciliator in the proceeding;
(iv) is known to have an interest that could be substantially affected by the outcome of the proceeding; or
(v) is likely to be a material witness in the proceeding;
(2) the person, individually or as a fiduciary, or the person's spouse or minor child residing in the person's household has:
(A) a financial interest in:
(i) the subject matter in controversy; or
(ii) a party to the proceeding; or
(B) any other interest that could be substantially affected by the outcome of the proceeding; or
(3) the person, the person's spouse, a person within the third degree of relationship to either of them, or the spouse of that person:
(A) is or has been a party to the proceeding or an officer, director, or trustee of a party;
(B) is acting or has acted as an attorney in the proceeding;
(C) is known to have an interest that could be substantially affected by the outcome of the proceeding; or
(D) is likely to be a material witness in the proceeding.
(b) Except as provided by this subsection, the parties may agree to waive the disclosure under Subsection (a). A party may not waive the disclosure for a person serving as:
(1) the sole arbitrator or conciliator; or
(2) the chief or prevailing arbitrator or conciliator.
(c) After appointment and throughout the arbitration or conciliation, an arbitrator or conciliator shall promptly disclose to each party any circumstance described by Subsection (a) that was not previously disclosed.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
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