Resources for Construction Lawyers and ADR Professionals
An arbitrator’s “evident partiality” toward one party is grounds to vacate an award under the Federal Arbitration Act (“FAA”)[i] But what constitutes “evident partiality” sufficient to vacate an award? The leading Supreme Court decision doesn’t provide definitive guidance, and the Federal Circuits…
At the most recent Construction SuperConference, I was honored to speak on a panel titled: “Insights from Arbitrators and Advocates on Providing Alternative Delay and Damages Quantum.” When asked whether the Respondent should provide its own delay and damages analyses, my answer…
Parties have options when faced with a demand for arbitration. They can participate in the arbitration process, receive the arbitration award and pursue confirmation or vacatur, if appropriate. Or parties can put their heads in the sand, choose to “do nothing” and…
In honor of President’s Day, this post discusses how some U.S. Presidents have promoted and used arbitration and mediation.
Can a court vacate an arbitration award if the arbitrator manifestly disregards undisputed facts?” Simply reading FAA §10[i] would indicate “no” but a recent 9th Circuit opinion opens the door for this as grounds to vacate.
In Burke v. Houston PT BAC Office Limited Partnership[i] the Texas Supreme Court considered a challenge to an appraisal award for alleged appraiser partiality. The parties relied on the Texas Arbitration Act[ii] as the standard for vacating the appraisal award. The courts…
Vacating an arbitration award under the FAA is extremely difficult. It’s nearly impossible to vacate an arbitration award after a court confirms it in part. However, evidence of perjured testimony at arbitration and withheld documents led a federal judge to do just…