Unlike judges, arbitrators are generally selected either by the disputants themselves or through a party-approved process. In such circumstances, it might be imagined that both partiality and correctness of decision would be subject to close judicial scrutiny. In fact, reviewing courts will rarely vacate arbitrators’ awards on these bases.
Two interesting situations illustrating this reluctance presented themselves recently in the U.S. District Court for the Southern District of New York in the case of Cellu-Beep v. TeleCorp Communications, No. 13 Civ. 7236 (NRB) (July 18, 2014).
Evident Partiality
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