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Civil Litigation,
9th U.S. Circuit Court of Appeals

Jul. 12, 2021

Court narrowly interprets arbitrator disclosure decision, urges rehearing en banc

The 9th Circuit maelstrom over arbitrator disclosure requirements intensified June 24 when a three-judge panel reversed and remanded a judgment confirming an arbitration award — a result “required by” a different panel’s decision 20 months ago in Monster Energy — while all three judges encouraged their colleagues to reconsider Monster Energy en banc.

Dustin Chase-Woods

Associate
Pillsbury Winthrop Shaw Pittman LLP

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Blaine I. Green

Partner
Pillsbury Winthrop Shaw Pittman LLP

Email: blaine.green@pillsburylaw.com

Blaine leads the firm's Native American Law practice, representing tribes and companies doing business with tribes.

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The 9th Circuit maelstrom over arbitrator disclosure requirements intensified June 24 when a three-judge panel reversed and remanded a judgment confirming an arbitration award -- a result "required by" a different panel's decision 20 months ago in Monster Energy -- while all three judges encouraged their colleagues to reconsider Monster Energy en banc.

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