Litigation & Arbitration,
9th U.S. Circuit Court of Appeals
Jun. 25, 2021
Some judges want 9th Circuit to take another look at decision on arbitrator disclosures
Judge Michelle T. Friedland warned 20 months ago, when the decision was issued, that it might create chaos. Now other judges say she might have been right.
In 2019, Judge Michelle T. Friedland warned in a dissent that a ruling wiping out a JAMS arbitrator's award due to his failure to disclose repeat business would create a mess by possibly vacating scores of old cases.
On Thursday, three of her 9th U.S. Circuit Court of Appeals colleagues agreed with Friedland and called on the court to reconsider that 20-month-old deci...
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Arbitration
Monster Energy v. City Beverages
Vacatur of an arbitration award is supported where the arbitrator fails to disclose to the parties any dealings with an involved party that might create an impression of possible bias.