May 10, 2012 Articles

Arbitrator Partiality Claims Must Allege More Than Predisposition

By Scott D. Simon

Two recent cases from the Second Circuit and the Delaware Chancery Court address an arbitrator's "evident partiality" from different angles.

ST Microelectronics NV v. Credit Suisse Securities
In ST Microelectronics NV v. Credit Suisse Securities, 648 F.3d 68 (2d Cir. 2011), the Second Circuit upheld the district court's confirmation of a $400 million arbitration award, affirming that allegations of an arbitrator's predisposition in favor of claimants, without more, does not rise to the level of "evident partiality" required to vacate an award.

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