|Help

Review of Court Decisions - Dispute Resolution Journal - Vol. 45, No. 2

Page Count: 
7 pages
Published: 
May, 1990
Jurisdictions: 
United States,
Michigan,
Tennessee,
Montana,
Illinois,
California,
Maryland
Practice Areas: 
Securities,
Insurance,
Court Decisions,
Recourse Against Award Generally,
Costs and Damages,
FAA,
Judicial Consolidation of Arbitral Proceedings,
Commercial Disputes,
Arbitrability,
Agreement to Arbitrate,
Contents of Arbitration Agreement,
Labor,
Proceedings to Determine or Modify Arbitration Agreement,
National Legislation,
Employment,
Authority of the Arbitral Tribunal,
Parties,
Interest and Costs,
Remission,
IUSCT
Tags: 
Evident Partiality,
McCarran-Ferguson Act,
Franchise,
Fraud,
National Labor Relations Board,
National Labor Relations Act,
Collective Bargaining,
Uniform Arbitration Act,
Partnering,
Public Policy,
Medical Malpractice,
Interpretation,
Plain Meaning Rule,
Writ of Mandamus,
Healthcare,
Eminent Domain,
Constitutionality

PDF4.21 MB

$40.00
Description: 

Originally from Dispute Resolution Journal

SECURITIES- FAILURE TO DISCLOSE-EVIDENT PARTIALITY-VACATUR OF AWARD- DAMAGES- AMOUNT OF AWARD- IRRATIONAL DETERMINATION OF AWARD- BURDEN OF PROOF

Failure to disclose a past association that has long since been severed is insufficient to vacate an arbitration award on grounds of evident partiality. In addition, the size of an award is neither a sufficient basis for a finding of partiality nor a statutory ground for vacating an arbitration award.

Marjory Kaye opened an investment account with Dean Witter Reynolds. She subsequently filed an action against Dean Witter for mismanagement of her account. This action was stayed pending arbitration. An arbitration award was rendered in Kaye's favor, and she moved to confirm. Dean Witter countered with a motion to vacate, alleging evident partiality by the arbitrator and that the amount of the award was determined irrationally.

The court denied Dean Witter's request for an evidentiary hearing, finding that Dean Witter failed to sustain its burden of proof on the issue of evident partiality. It also rejected Dean Witter's complaint of arbitrator corruption, which Dean Witter had based on the arbitrator's failure to disclose a past association with another securities company.