NCJ Number
53601
Journal
Arbitration Journal Volume: 33 Issue: 4 Dated: (DECEMBER 1978) Pages: 9-16
Date Published
1978
Length
8 pages
Annotation
COURT-IMPOSED SANCTIONS FOR THE FAILURE OF ARBITRATORS TO DISCLOSE IN FULL ANY PAST OR PRESENT RELATIONSHIPS WITH THE PARTIES, THEIR WITNESSES, OR THEIR ATTORNEYS BEFORE A HEARING ARE THE SUBJECT OF THIS ARTICLE.
Abstract
COURTS HAVE CONSISTENTLY IMPOSED UPON NEUTRAL ARBITRATORS A DUTY TO DISCLOSE TO THE PARTIES ANY FACT THAT MIGHT DISQUALIFY THEM FROM SERVING IN A PARTICULAR CASE. ACTIONS BROUGHT TO VACATE ARBITRATION AWARDS FOR BIAS ARE INVARIABLY BASED ON STATUTORY LANGUAGE CONTAINING THIS REQUIREMENT. TO INSURE FULL PREHEARING DISCLOSURE, WRITTEN OATHS OF OFFICE ARE SENT TO ARBITRATORS IMMEDIATELY UPON THEIR ACCEPTANCE OF APPOINTMENT UNDER ESTABLISHED PROCEDURES OF THE AMERICAN ARBITRAION ASSOCIATION. NEW YORK IS THE STATE MOST FAVORABLE TO ARBITRAION, AS REFLECTED IN STATUTES AND CASE LAW. THE GENERAL INFORMATION DISCLOSURE RULE HANDED DOWN BY NEW YORK COURTS IS THAT NOTHING SHOULD BE PERMITTED TO THROW SUSPICION UPON THE ENTIRE IMPARTIALITY OF ARBITRATORS. ARBITRATORS HAVE AN AFFIRMATIVE DUTY TO DISCLOSE TO THE PARTIES ANY PAST OR PRESENT DEALING WITH PERSONS INVOLVED IN ARBITRATION. THE PARTIES ALSO HAVE A BURDEN TO SEARCH THEIR RECORDS FOR THE EXISTENCE OF A RELATIONSHIP. IMPORTANT ISSUES IN ARBITRATION ARE THE REMOVAL OF ARBITRATORS FOR POTENTIAL BIAS, THE REVIEW OF AWARDS, MANIFEST DISREGARD OF LAW IN UNRESTRICTED SUBMISSIONS, FAIRNESS, RESTRICTED SUBMISSIONS, REFUSAL TO HEAR EVIDENCE, REFUSAL TO GRANT ADJOURNMENTS, JUDICIAL INTERFERENCE BEFORE AN AWARD, AND THE IMMUNITY OF ARBITRATORS FROM CIVIL LIABILITY. CASE LAW IS REVIEWED. (DEP)