It is pretty difficult for a party to get an adverse arbitration award reversed or vacated. A recent Dallas Court of Appeals decision shows the rare instance were such a reversal occurred. In Alim v. KBR (Kellogg, Brown & Root) –Halliburton, the Dallas court held that an arbitrator’s failure to disclose, in an employment discrimination, breach of contract and retaliation case, that he had served as an arbitrator in a prior case involving KBR’s party representative and a related company established facts that might create a reasonable impression of the arbitrator’s partiality. Consequently, the court vacated the adverse arbitration award and remanded for a new arbitration proceeding. You can access the court’s opinion here.
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