September 11, 2018 article

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

By Conna A. Weiner

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).

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