Texas litigators are rethinking how to choose an arbitrator in response to recent appellate court opinions.

What they don’t know about an arbitrator’s relationship to opposing counsel could threaten the entire arbitration process, which is aimed at resolving legal disputes efficiently without court intervention. Post-arbitration award challenges over an arbitrator’s lack of disclosure — one of the few areas that allow for court review — are becoming more common, four litigators say.

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