Swimming Against the Tide? “Evident Partiality” of a Party-Appointed Arbitrator in the Second Circuit

In an opinion that has inspired much discussion, the Second Circuit recently refused to vacate an arbitration award based on the “evident partiality” of a party-appointed arbitrator. In the process, the court defined a new, more forgiving standard for assessing nondisclosures by party-appointed arbitrators as compared with neutral arbitrators under the Federal Arbitration Act (FAA). Certain Underwriting Members of Lloyds of London v. Florida (Lloyds), 2018 WL 2727492 (2d Cir. 2018).