Rare Vacatur in Arbitration Appeal

more+
less-

I've been involved in a number of arbitrations in my career, both as lead counsel at the hearing stage and in post-hearing proceedings challenging the award. I've learned to tell clients that the time to win the case is at the arbitration hearing, because the chances of getting a trial judge or an appellate panel to change the outcome later are slim.

The Dallas Court of Appeals recently declined to rubber stamp an arbitration result in Alim v. KBR (Kellogg, Brown & Root)-Halliburton (No. 05-09-00395-CV). The Court vacated an award under 9 U.S.C. § 10(a)(2) because "the arbitrator failed to disclose facts which might, to an objective observer, create a reasonable impression of the arbitrator's partiality." More specifically, he did not reveal that he had served as an arbitrator in a prior case involving KBR's party representative and a related company.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Alternative Dispute Resolution (ADR) Updates, Civil Procedure Updates

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.

© Smith Law Group, P.C. | 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 »