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

Albany, NY |

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

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Attorney answers 3

Posted

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.

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Posted

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

Asker

Posted

those grounds enumerated under Section 10 of the FAA apply to the federal court vacating an award. i want to know if it's possible for the AAA to disqualify an arbitrator or vacate his decision after an award has been rendered.

Posted

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 informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.

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