Arbitrator Improprieties: A Educational Laundry List

more+
less-
more+
less-
Explore:  Arbitration Arbitrators

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:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Carlton Fields Jorden Burt | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* 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.
×
Loading...
×
×