A retired judge working as an arbitrator didn’t have to disclose that he’d once been disciplined for sexist behavior, the California Supreme Court ruled (pdf) in a 5-2 decision Monday. A broad duty to disclose discipline would open the door for unhappy parties to undercut arbitration decisions, the majority found.
“Such a broad interpretation of the appearance-of-partiality rule could subject arbitration awards to after-the-fact attacks by losing parties searching for potential disqualifying information only after an adverse decision has been made,” wrote Chief Justice Ronald George for the majority.
