ARBITRATOR BIAS IN THE U.S.: A PATCHWORK OF DECISIONS

The statutes governing arbitration in the United States universally require that arbitrators be impartial and independent. But no clear picture of what constitutes bias of a degree sufficient to disqualify an arbitrator or vacate an arbitral award has emerged from the plethora of judicial decisions which have considered the issue…

REPLACING ARBITRATORS

What happens when an arbitrator on a sitting arbitration panel is no longer there? The judicial decisions which answer the question have created a roadmap for dealing with that unusual situation. The reason for an arbitrator’s absence could be illness, death, disqualification, resignation or simply a failure by a party to designate its arbitrator in a timely manner…

ANTI-SUIT INJUNCTIONS IN INTERNATIONAL ARBITRATION DISPUTES

All too often in international arbitration disputes, the party wishing to avoid arbitration or pursue litigation seeks to have arbitral proceedings enjoined. The trend has grown considerably over the last two decades. Typically, litigants will file actions in jurisdictions away from the arbitration in attempts to have a court enjoin the party seeking arbitration from compelling the arbitration to proceed. The remedy for the party seeking arbitration is an anti-suit injunction from the court having jurisdiction over the arbitral proceedings….