Can an arbitrator be disqualified after issuing a "partial final award" or determining liability, even if bias is later alleged?

Asked 8 months ago - Albany, NY

American Arbitration Association. I am unable to find any legal authority demonstrating that this is possible as a matter of law.

Attorney answers (3)

  1. Arthur H. Forman

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . It does not matter if it is AAA or not. Grounds for vacating an award are corruption, fraud, misconduct or partiality of the arbitrator. Whether 'bias' is included depends on what you mean by bias. See CPLR 7511

  2. David Michael Kasell

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . I would need to do the research but I beleive that an award can be set aside if there is a sdhowing of bias. However, just having a decision that does not go your way would not be enough to show bias. Much more would need to be shown.

    The information contained in this posting is for general information purposes only and does not constitute legal... more
  3. Michael Evan Greenspan

    Contributor Level 16

    3

    Lawyers agree

    Answered . I agree with attorney Forman. You will need to consult with counsel who has experience in Article 75 proceedings.

    Good Luck

    Answering this question does not create an attorney-client relationship between us. The answer given is for... more

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