Arbitrator Improprieties: A Educational Laundry List

more+
less-

The Ninth Circuit Court of Appeals recently affirmed the U.S. District Court of Nevada’s confirmation of an arbitration award allocating attorneys’ fees and denial of a motion to vacate the award.  After first holding, in a separate opinion, that parties may not waive or eliminate judicial review of arbitration awards under Section 10 of the Federal Arbitration Act, the court next communicated a laundry list of reasons for which a district court may vacate an arbitration award: (1) if the arbitrator’s decision is procured by corruption, fraud, or undue means; (2) if the arbitrator was evidently partial or actually biased; (3) if mediation and related fund transfers are undisclosed; (4) if communications are made ex parte; (5) if the arbitrator exceeds arbitral jurisdiction or issues biased rulings; and (6) if the arbitrator fails to disclose material conflicts of interest.  Finding that the district court correctly concluded that the arbitrator had not engaged in any such misconduct and that no prejudice was shown in any event, the Ninth Circuit affirmed.  In re Wal-Mart Wage and Hour Employment Practices Litigation, No. 2:06-cv-00225-PMP-PAL (9th Cir. Dec. 17, 2013).

Written by:

more+
less-

Carlton Fields on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×