Dallas Court Vacates Arbitration Award in Employment Matter

03/29/2012 // Rogge Dunn Group // (press release)
A Dallas appellate court recently vacated an arbitration award in an employment matter. Alim v. KBR (Kellogg, Brown & Root) – Halliburton, No. 05-09-00395-CV (Tex. App.—Dallas, Jan. 10, 2011), available at http://www.5thcoa.courts.state.tx.us/cgi-bin/as_web.exe?c05topin.ask+D+137543.

An arbitrator issued an award that denied an individual’s employment-related claims. The individual, having learned that the arbitrator did not disclose a prior relationship with the opposing party’s representative, asked a trial court to vacate the arbitration award. The trial court denied this request, and this appeal followed.

Under the Federal Arbitration Act, evident partiality of an arbitrator is a substantive ground for vacating an arbitration award; a neutral arbitrator exhibits evident partiality if he does not disclose facts that might, to an objective observer, create a reasonable impression of the arbitrator’s partiality. Here, the individual argued that the arbitrator failed to disclose that he had served as an arbitrator in a prior case involving the opposing party’s representative and a related company. This relationship was not trivial, and the arbitrator was specifically required to disclose whether a party representative had appeared before him in prior cases. The Court held that the arbitrator’s nondisclosure and his failure to amend his answer to the question specifically inquiring about that fact constituted evident partiality. It vacated the award.

To speak to a Texas employment attorney about employment arbitration or another employment law issue, contact the Texas employment lawyers at Rogge Dunn Group at info@roggedunngroup.com.

Media Information:

Address: 500 N. Akard St., Suite 1900, Dallas, TX 75201

Phone: 214-888-5000

Url: Rogge Dunn Group

MEDIA

Why Wall Street’s biggest wealth managers could face an avalanche of lawsuits thanks to one judge’s ruling
READ MORE
FDA Concedes COVID Shots Trigger Baby Seizures, Re-Recommends Them Anyway
READ MORE
Executive Travel: Deer Valley in Park City, Utah
READ MORE
The Importance Of Giving Back To Community: What Drives Rogge Dunn Group To Improve And Provide Professional Services
READ MORE
LOANDEPOT, CARDINAL SUED OVER ALLEGED DECEPTIVE PRACTICES
READ MORE
HONORING OUR NATION’S HEROES
READ MORE
The Importance of Being Earnest
READ MORE
KEY INDUSTRY DEVELOPMENTS IN MARCH
READ MORE
Social Media Scrutiny Continue Education Testing Tip and More
READ MORE
Several Developments in January are of Interest to Financial Advisors
READ MORE
Rogge’s Roundup: Several developments in January are of interest to financial advisors — February 16, 2023
READ MORE
Rogge’s Roundup: Social Media Scrutiny, Continuing Education Testing Tip and more – March 15, 2023
READ MORE
Rogge’s Roundup – Key Industry Developments in March
READ MORE
Rogge Dunn Group Relaxes, Ramps Up Team Building During Cancun Weekend
READ MORE
$1.75 million settlement finalized in lawsuit against Collin DA, top county officials
READ MORE
Stifel’s Raiding Suit Against RIA Adds to Pile of High-Stakes Claims
READ MORE

Contact Us Today!

Contact us to learn how we can help answer your legal questions.

FILL OUT FORM