Evident Partiality Of Arbitrator

36 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Bell Aerospace Co. Div. OF Textron, Inc. v. Local 516
  500 F.2d 921· 2d Cir.· 1974-07-26 ·cited 66×
  The court held that an arbitration award that is ambiguous and contradictory, even after clarification, should not be confirmed and must be remanded for further arbitration.
• Saxis S.S. Co. v. Multifacs Int'l Traders, Inc.
  375 F.2d 577· 2d Cir.· 1967-03-30 ·cited 60×
  The court held that while the arbitration award confirmation was proper, the district court erred in barring a separate action by Renaissance against the owner, as Renaissance was not a party to the arbitration and had not had an opportunity to be heard.
• BDO Seidman, LLP v. BEE
  970 So. 2d 869· Fla. 4th DCA· 2007-12-05 ·cited 53×
  BDO Seidman appeals the trial court's denial of its motion to compel arbitration of a partnership dispute. The court held that Bee was bound by the arbitration agreement in the Amended Partnership Agreement despite not signing it, based on equitable estoppel, and that the arbitra
• Scott v. Prudential Sec., Inc.
  141 F.3d 1007· 11th Cir.· 1998-05-18 ·cited 43×
  Scott, a CFTC-registered associated person and NFA associate member, structured futures trading accounts through corporate entities to avoid personal liability. After the accounts lost money, PSI demanded arbitration before the NFA against Scott personally. The court held that wh
• Merit Ins. Co. v. Leatherby Ins. Co.
  714 F.2d 673· 7th Cir.· 1983-07-12 ·cited 42×
  The failure of an arbitrator to disclose a past, distant business relationship with a party's principal does not automatically warrant setting aside an arbitration award under the Federal Arbitration Act, absent a showing of evident partiality or a substantial danger of an unjust
• Ballantine Books, Inc. v. Cap. Distrib. Co.
  302 F.2d 17· 2d Cir.· 1962-04-11 ·cited 42×
  The court held that the federal district court had jurisdiction to confirm the arbitration award, and that the award was not subject to vacatur due to alleged partiality of the chairman or imperfections in the award.
• Boyhan v. Maguire
  693 So. 2d 659· Fla. 4th DCA· 1997-05-07 ·cited 33×
  Boyhan sought to vacate an arbitration award against him, claiming the arbitration panel's chairman displayed evident partiality based on critical comments about the opposing party's attorney and conduct during the hearing. The court affirmed the trial court's denial of vacatur,
• In re the Arb. between Reed & Martin, Inc.
  439 F.2d 1268· 2d Cir.· 1971-03-12 ·cited 29×
  The court affirmed the district court's confirmation of the arbitration award, finding no impropriety in the arbitration proceedings or the court's jurisdiction.
• Affiliated Mktg., Inc. v. Dyco Chems. & Coatings, Inc.
  340 So. 2d 1240· Fla. 2d DCA· 1976-12-17 ·cited 27×
  This case addresses the standards for vacating arbitration awards under Florida law. The court held that a trial judge improperly vacated an arbitration award merely because the judge believed additional corroborating evidence should be obtained, rather than on grounds specified
• In re an Arb. between Cook Indus., Inc.
  449 F.2d 106· 2d Cir.· 1971-09-16 ·cited 27×
  The court held that a party waives the right to object to an arbitrator's partiality if they knew of the potential bias and failed to raise the objection during the arbitration proceedings.
• Morelite Constr. Corp. (A Div. OF Morelite Elec. Serv. v. NEW York City Dist. Council Carpenters Benefit Funds & the Dist. Council of N.Y. City & Vicinity of the United Bhd. of Carpenters & Joiners of Am.
  748 F.2d 79· 2d Cir.· 1984-11-05 ·cited 25×
  An arbitrator's father-son relationship with an officer of a party creates "evident partiality" under 9 U.S.C. § 10, requiring vacatur of the award.
• RDC Golf OF Fla. I, Inc. v. Apostolicas
  925 So. 2d 1082· Fla. 5th DCA· 2006-03-17 ·cited 19×
  RDC Golf sought to vacate an arbitration award that removed it as general partner of a golf partnership, claiming the chief arbitrator showed evident partiality by failing to disclose a concurrent involvement with opposing counsel in negotiating a rabbi's employment contract. The
• Ormsbee Dev. Co. v. Corrine Grace and Michael P. Grace
  668 F.2d 1140· 10th Cir.· 1982-01-04 ·cited 18×
  The court held that Corrine Grace was a party to the arbitration proceeding through her counsel's actions and that her community property interest in the leases expired by their terms, not by improper termination. The court also found no evident partiality by the arbitrator.
• Gaines Constr. Co. v. Carol City Utils., Inc.
  164 So. 2d 270· Fla. 3d DCA· 1964-05-26 ·cited 18×
• LEE v. Marcus
  396 So. 2d 208· Fla. 3d DCA· 1981-03-10 ·cited 14×
  Barbara Lee appeals a judgment confirming an arbitration award in a dispute over racehorse expenses, contending the award was tainted by fraud because one arbitrator appointed by the opposing party failed to disclose his association with their attorney. The court affirmed, holdin
• Lozano v. Md. Cas. Co.
  850 F.2d 1470· 11th Cir.· 1988-08-01 ·cited 12×
  The court held that an arbitrator's investment in limited partnerships with another arbitrator and counsel, where the relationship was indirect and trivial, did not demonstrate evident partiality requiring vacation of the award.
• Sheet Metal Workers Int'l Ass'n v. Jason Mfg., Inc.
  900 F.2d 1392· 9th Cir.· 1990-04-12 ·cited 10×
  The court held that Jason Manufacturing was bound by the arbitration award because its termination notice did not abrogate its obligation to arbitrate contract renewal terms under the collective bargaining agreement's interest arbitration provisions.
• Austin S. I, Ltd. v. Barton-Malow Co.
  799 F. Supp. 1135· M.D. Fla.· 1992-06-10 ·cited 9×
  The court adopted the Magistrate Judge's report and recommendation, denying Austin's motions to vacate the arbitration award and granting Barton's motion to confirm the award, finding no evident partiality by the arbitrator.
• Bernstein Seawell & Kove v. W.E. Bosarge, Jr.
  813 F.2d 726· 5th Cir.· 1987-04-07 ·cited 9×
  The court held that an arbitration award is enforceable even if the party claiming lack of notice failed to attend the hearing, and that a party waives objections to representative capacity and arbitrator partiality by failing to raise them timely.
• World Invest Corp. & Henry Tegler, Jr. v. Breen
  684 So. 2d 221· Fla. 4th DCA· 1996-11-20 ·cited 6×
  The trial court erred in dismissing the petition to vacate the arbitration award because the petition stated facially sufficient grounds for relief, requiring at least a limited evidentiary hearing.
• Grupo Unidos por el Canal, S.A. v. Autoridad del Canal de Panama
  78 F.4th 1252· 11th Cir.· 2023-08-18 ·cited 5×
  The court affirmed the denial of vacatur and confirmation of the arbitral awards, finding that the alleged non-disclosures by the arbitrators did not rise to the level of evident partiality required for vacatur under the FAA.
• Amalgamated Transit Union v. City of Gainesville
  264 So. 3d 375· Fla. 1st DCA· 2019-02-15 ·cited 4×
  The First District Court of Appeal held that it has jurisdiction to review via certiorari a trial court order vacating an arbitration award and remanding the matter for new arbitration. The court certified conflict with three sister districts and rejected their holdings that such
• Peoples Sec. Life Ins. Co. v. Monumental Life Ins. Co.
  991 F.2d 141· 4th Cir.· 1993-04-20 ·cited 3×
  The court affirmed the district court's confirmation of the arbitration award, finding no merit to claims of arbitrator partiality, exceeding authority, or improper damage awards.
• Jomar Props., L.L.C. v. Bayview Constr. Corp.
  154 So. 3d 515· Fla. 4th DCA· 2015-01-14 ·cited 2×
  Jomar Properties and its surety appealed a final judgment confirming an arbitration award in favor of Bayview Construction, challenging the arbitrator's impartiality, the arbitrator's jurisdiction to award post-confirmation interest, and the attorney's fee award. The Fourth Distr
• Fed. Vending, Inc. v. Steak & Ale of Fla., Inc.
  71 F. Supp. 2d 1245· S.D. Fla.· 1999-07-20 ·cited 2×
  An arbitrator's failure to disclose a prior arbitration where they upheld the same form-contract liquidated damages clause does not require vacating the award if it does not create a reasonable impression of bias or partiality, and no actual prejudice is shown.
• Thomas C. Baer, Inc. v. Architectural & Ornamental Iron Workers Local Union NO. 580 OF the Int'l Ass'n OF Bridge Structural & Ornamental Iron Workers
  813 F.2d 562· 2d Cir.· 1987-03-06 ·cited 2×
  The court held that the appeal was frivolous, affirming the district court's confirmation of the arbitration award because the prior decision did not preclude the arbitrator from determining the necessity of specific records, and there was no evidence of arbitrator bias or non-ar
• Wilson v. Prudence Mut. Cas. Co.
  197 So. 2d 300· Fla.· 1967-04-05 ·cited 2×
  The dissenting justice believes mandatory arbitration clauses in uninsured motorist insurance policies are contrary to public policy and should not exclude judicial review.
• Merrill Lynch v. Lambros
  1 F. Supp. 2d 1337· M.D. Fla.· 1998-03-09 ·cited 1×
  The court held that the defendant failed to establish any grounds for vacating the arbitration award, and therefore confirmed the award.
• Smith v. Prudential Sec. Inc.
  846 F. Supp. 978· M.D. Fla.· 1994-03-16 ·cited 1×
  The court confirmed the arbitration award, denied the motion to vacate, and denied the motion for attorneys' fees without prejudice, allowing for an evidentiary hearing.
• Armont v. K12 (Florida Cyber Charter Academy--Flcca)
  M.D. Fla.· 2024-04-23
  The court held that the plaintiff failed to establish grounds for vacating the arbitration award under the Federal Arbitration Act, as her claims of evident partiality, arbitrator misconduct, and exceeding powers were unsubstantiated.
• Baxter v. Miscavige
  M.D. Fla.· 2023-03-31
  The court held that the arbitration agreements are enforceable, and issues of duress and fraud must be decided by an arbitrator, not the court.
• Schottenstein v. J.P. Morgan Sec., LLC
  S.D. Fla.· 2022-05-09
  The court confirmed the arbitration award and denied the motion to vacate, finding no grounds for vacatur under the FAA.
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  Del. Ch.· 2014-09-22
  The Court of Chancery should dismiss the buyer's complaint seeking to vacate the arbitration award. The buyer's claims of fraud in the inducement, arbitrator bias, and overreaching are either impermissible collateral attacks on the award, fail to meet pleading standards, or were
• Breakstone v. David Lehr, M.D.
  649 So. 2d 352· Fla. 3d DCA· 1995-02-08
  The court held that the defendants failed to demonstrate any statutory grounds to vacate the arbitration award.
• Local 814 v. J & B Sys. Installers & Moving, Inc.
  878 F.2d 38· 2d Cir.· 1989-06-13
  The court held that appellants failed to demonstrate 'evident partiality' of an arbitrator or prejudice from the Joint Board's failure to promulgate rules, thus affirming the district court's confirmation of the arbitration award.