State ex rel. Telecom Management, Inc. v. O'Mally

LOWENSTEIN, Presiding Judge.

This is an original proceeding in prohibition. The dispositive issue presented is: Where there is an agreement to arbitrate, with the agreement providing for a non-judicial method of removal and replacement of arbitrators, may one party, without notifying the other party to the arbitration proceedings, utilize the circuit court, prior to an arbitration hearing and award, by way of mandamus, obtain an order for the arbitrator’s recusal because of bias, and hold for naught all pre-award rulings of the arbitration panel?

The relator, Telecom Management, Inc., (“TMI”)…