January 03, 2019 Articles

Vacating an Arbitration Award for Lack of Disclosure by the Arbitrator

By Sunu M. Pillai

It is well known that a party must clear a high hurdle to vacate the decision of an arbitration panel. Section 10 of the Federal Arbitration Act (FAA) provides the grounds on which a court “may make an order vacating the award upon the application of any party to the arbitration.” 9 U.S.C.A. § 10. One of the grounds for vacatur is evident partiality or corruption in the arbitrators. Three recent decisions from the Second, Eighth, and District of Columbia Circuits provide guidance as to when the lack of disclosure by an arbitrator could be considered substantial enough to warrant the vacatur of an award under the evident partiality standard.

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