Can You Get Post-Arbitration Discovery to Show Arbitrator Bias?
It was not the first time. Bob had lost arbitration cases before. But this one was different. Bob was sure the arbitrator had a longstanding relationship with Bob's adversary.
June 25, 2018 at 12:54 PM
2 minute read
ADR
Editor's note: This article describes a hypothetical situation. Midwest Generation EME v. Continuum Chemical quoting Rossetto v. Pabst Brewing Midwest Generation EME v. Continuum Chemical, Estate of Equi-Med v. Ernst & Young, Estate of Equi-Med v. Ernst & Young,
- Don't make conclusory allegations.
- Don't rely on speculative, uncertain or indirect evidence.
- Back up your allegations with specific facts.
- Don't rely merely on the arbitrator's nondisclosure of relationships. “What is not disclosed must have significance apart from the mere fact of nondisclosure.”
- Don't rely on information from public records you could have found before or during the arbitration.
- Assure the court that the proposed deposition will not be lengthy or costly.
- Assure the court that the proposed deposition will not seek information regarding the arbitrator's thought processes underlying the arbitration award.
Charles F. Forer ndependently provides arbitration, mediation and all other neutral services. He is a co-chair of the Philadelphia Bar Association's alternative dispute resolution committee and a former chair of the fee disputes committee. He is a frequent lecturer and writer on the use of ADR in a variety of settings. Contact him at 610-999-5764 and c[email protected].
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