Originally from Alternatives to the High Cost of Litigation

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In a case that could set guidelines for party arbitrators’ appropriate level of disclosure, the Second U.S. Circuit of Appeals last month heard an appeal of a New York federal court decision in Certain Underwriting Members at Lloyd’s of London v. Ins. Co. of the Americas, Docket No. 17-1137-cv.

The panel, U.S Circuit Court Judges Dennis Jacobs, Reena Raggi, and Peter W. Hall heard arguments on Jan. 8 about whether a district court’s vacatur of an arbitration award on the grounds of evident partiality was appropriate or should be overturned.

U.S. District Court Judge Vernon S. Broderick, of New York, vacated the arbitral award against Lloyd’s of London underwriters on evident partiality grounds because the party-appointed arbitrator, Alex Campos, failed to disclose significant business relationships with the case’s original respondent, Insurance Co. of Americas, based in Longwood, Fla. Certain Underwriting Members at Lloyd’s of London v. Ins. Co. of the Americas, Case No: 1:16-cv-00323 (S.D.N.Y. March 31, 2017) (available at http://bit.ly/2uIGkqY)(For more background information on the case, see CPR Speaks at http://bit.ly/2CTlbze.)