If there are 2 parties involved in an arbitration with a single dayan (arbitrator) in which a shtar berurim was executed ,and 1 of the parties offered favors to the arbitator (the arbitrator ackowledges the offer made to him) what does the halacha require of this situation?
Specifically: (1) Is the arbitrator required to step down on his own (2) can the other litigant ask the arbitrator step down and ask for the arbitration to be held with another beis din, (3) or is there no concern or remedy even though the non offering litigant is very uneasy about this occurence?
Answer:
The offer itself does not invalidate the dayan from arbitrating the case; he is not required to step down, and there is no way to force him to do so. However, expressing your discomfort with him might be reason enough for him to decide to step down of his own accord. If he refuses to step down, your signature remains binding; he has a chezkas kashrus, and one can assume that he will remain impartial.
