The Supreme Court of Hawaii ruled recently that if a neutral arbitrator fails to meet disclosure requirements, it constitutes “evident partiality” as a matter of law, and requires the vacatur of the arbitrator’s award. The dispute involved homeowners who claimed their...
Arbitrators, like judges, have immunity, meaning they can’t be sued. That leaves the consumer who learns after-the-fact that an arbitrator ruled on a case despite a conflict-of-interest with no legal recourse. When an arbitrator is selected through an...