Comments on: Arbitration Nuts & Bolts: Vacating Arbitration Awards – Part III.A: Evident Partiality (Expectations of the Parties) http://loreelawfirm.com/blog/arbitration-nuts-bolts-vacating-arbitration-awards-%e2%80%93-part-iiia-evident-partiality-expectations-of-the-parties Fri, 13 May 2011 22:34:34 +0000 hourly 1 http://wordpress.org/?v=3.0.4 By: Arbitration Nuts & Bolts: Vacating Arbitration Awards – Part III.B: Evident Partiality (Enforcing the Parties’ Expectations of Neutrality) | Loree Reinsurance and Arbitration Law Forum http://loreelawfirm.com/blog/arbitration-nuts-bolts-vacating-arbitration-awards-%e2%80%93-part-iiia-evident-partiality-expectations-of-the-parties/comment-page-1#comment-7287 Arbitration Nuts & Bolts: Vacating Arbitration Awards – Part III.B: Evident Partiality (Enforcing the Parties’ Expectations of Neutrality) | Loree Reinsurance and Arbitration Law Forum Tue, 12 Jan 2010 16:39:43 +0000 http://loreelawfirm.com/blog/?p=2107#comment-7287 [...] partiality calculus the parties’ diminished expectations of partiality.  (See Part III.A., here, and cases [...] [...] partiality calculus the parties’ diminished expectations of partiality.  (See Part III.A., here, and cases [...]

]]> By: Philip J. Loree Jr. http://loreelawfirm.com/blog/arbitration-nuts-bolts-vacating-arbitration-awards-%e2%80%93-part-iiia-evident-partiality-expectations-of-the-parties/comment-page-1#comment-7233 Philip J. Loree Jr. Sat, 09 Jan 2010 20:29:29 +0000 http://loreelawfirm.com/blog/?p=2107#comment-7233 George, The example you cite shows how vacatur for evident partiality works as a safety valve to ensure that the parties' expectations of neutrality are adequately met. As the court's ruling suggests, the facts in your case would likely lead a reasonable person to conclude that the sole arbitrator was partial. And I highly doubt that the parties to the arbitration agreement contemplated that the "neutral" arbitrator would have such significant ties to one of the parties. Phil George,

The example you cite shows how vacatur for evident partiality works as a safety valve to ensure that the parties’ expectations of neutrality are adequately met. As the court’s ruling suggests, the facts in your case would likely lead a reasonable person to conclude that the sole arbitrator was partial. And I highly doubt that the parties to the arbitration agreement contemplated that the “neutral” arbitrator would have such significant ties to one of the parties.

Phil

]]> By: Philip J. Loree Jr. http://loreelawfirm.com/blog/arbitration-nuts-bolts-vacating-arbitration-awards-%e2%80%93-part-iiia-evident-partiality-expectations-of-the-parties/comment-page-1#comment-7232 Philip J. Loree Jr. Sat, 09 Jan 2010 20:21:57 +0000 http://loreelawfirm.com/blog/?p=2107#comment-7232 Theresa, Thanks for your kind comments! You are absolutely right that it is important to keep evident partiality considerations firmly in mind during the selection process. Phil Theresa,

Thanks for your kind comments! You are absolutely right that it is important to keep evident partiality considerations firmly in mind during the selection process.

Phil

]]> By: George J. Biehl,Jr. http://loreelawfirm.com/blog/arbitration-nuts-bolts-vacating-arbitration-awards-%e2%80%93-part-iiia-evident-partiality-expectations-of-the-parties/comment-page-1#comment-7198 George J. Biehl,Jr. Thu, 07 Jan 2010 22:46:54 +0000 http://loreelawfirm.com/blog/?p=2107#comment-7198 I was retained a few years ago as an expert in a successful attempt to vacate an interim award by a sole AAA arbitrator in an EPLI dispute involving a discharged "whistle blower". We established the arbitrator (an attorney) and his firm represented major P&I clubs and their Lloyds insurers (which wrote the employer's EPLI coverage). He allowed two syndicates' lawyer to sit in on the hearings and failed to disclose his firm's close financial ties. I was retained a few years ago as an expert in a successful attempt to vacate an interim award by a sole AAA arbitrator in an EPLI dispute involving a discharged “whistle blower”. We established the arbitrator (an attorney) and his firm represented major P&I clubs and their Lloyds insurers (which wrote the employer’s EPLI coverage). He allowed two syndicates’ lawyer to sit in on the hearings and failed to disclose his firm’s close financial ties.

]]> By: Theresa Hajost http://loreelawfirm.com/blog/arbitration-nuts-bolts-vacating-arbitration-awards-%e2%80%93-part-iiia-evident-partiality-expectations-of-the-parties/comment-page-1#comment-7195 Theresa Hajost Thu, 07 Jan 2010 19:57:53 +0000 http://loreelawfirm.com/blog/?p=2107#comment-7195 Phil -- thanks for an excellent and thoughtful piece on the topic of neutrality, which is always top of mind in the panel selection process. Regards, Theresa Phil — thanks for an excellent and thoughtful piece on the topic of neutrality, which is always top of mind in the panel selection process. Regards, Theresa

]]>