May 12, 2015 Articles

Evident Partiality: Know It When You See It

By Sheila J. Carpenter

Clients know when an arbitrator is guilty of "evident partiality"—it is when that arbitrator rules against them. E.g., Mical v. Glick, No. 14-1705 (7th Cir. Oct. 28, 2014) ("The Micals cite no examples [of evident partiality, which is 'direct, definite and capable of demonstration'] however; instead they accuse the arbitrators of bias simply because the panel made factual findings contrary to their own positions and ultimately ruled against them."). Lawyers for losing clients must advise them that the grounds for vacating an arbitration award are severely limited by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (FAA), with only the four familiar grounds for vacating an award available:

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