Editor’s note: This article describes a hypothetical situation.
ADR
Several months ago, Bob discovered an arbitrator in one of his cases had a business relationship with the adverse party. Bob was smart enough to know the arbitrator probably would be partial to the adverse party. Bob promptly went to court and sought an order replacing the arbitrator with an impartial arbitrator. The court rejected Bob’s attempt to replace an already-selected arbitrator based on a simple rule: Before issuance of an arbitration award, a court may not inquire into an arbitrator’s capacity to serve; otherwise, pre-award motion practice will prevent a streamlined proceeding and an expeditious result.
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