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…
The California and Connecticut legislatures recently passed new laws regarding arbitration agreements and who can serve as arbitrators. It will be interesting to see if any other states follow their examples. Lawyers or arbitrators practicing in California and Connecticut should review the…
Sarah Hinkes sued her employer, Sunera Technologies, and two employees for alleged discrimination that violated federal statutes.[i] The lawsuit was stayed pending arbitration. The arbitrator ruled in the employer’s favor and the trial court confirmed the award.
The FAA requires arbitration agreements to be in writing.[i] But, does the writing have to be legible? Is an unreadable arbitration agreement enforceable? In Fuentes v. Empire Nissan, Inc.[ii] the California Supreme Court considered whether illegibility constitutes substantive or procedural unconscionability.
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.
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…
Arbitration is a creature of contract[i]. So, it seems obvious that when considering a motion to compel arbitration, lawyers and judges should read the arbitration agreement carefully. However, in a recent Florida case apparently neither the trial court nor the appellate court…