Attorneys Edward M. Mullins and M. Cristina Cardenas discuss the conflict among federal circuits concerning what disclosures an arbitrator should make when accepting an appointment, and whether the failure to disclose certain relationships should lead to the arbitrator's disqualification, or worse, vacature of the award. The authors note that there are conflicting policy concerns regarding avoiding arbitrator abuse of power versus an acknowledgement that arbitrators cannot sever all business ties.
October 16, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The finality of an arbitration award generally is one of the primary attributes of arbitration. However, the benefit of a decisive outcome is subject to debate.
To some, the conclusiveness of an award is an important reason to resort to arbitration as an alternative means of dispute resolution. This finality provides certainty, and the lack of an appeal should mean a speedier resolution of the dispute.
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