The U.S. Supreme Court previously opined on the issue in a badly fractured opinion, Commonwealth Coatings Corp v. Continental Casualty Co. The majority opinion, authored by Justice Hugo Black, called for arbitrators to avoid even the “impression of possible bias,” and stated that arbitrators should be held to the same standard as Article III judges.
October 25, 2022 at 12:04 PM
7 minute read
The Federal Arbitration Act requires United States courts presumptively to enforce arbitral awards.
That presumptive obligation is subject to exceptions set forth in Section 10. One exception is “evident partiality” in the arbitrators. A deep circuit split divides the federal court over what evidence satisfies this statutory standard.
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