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

Rogge Dunn Weighs in on Whataburger Discrimination Complaint on Fox 4 News
READ MORE
Employee Rights in Texas
READ MORE
Rogge Dunn Group, PC Receives “2020 Texas Legal Awards Litigation Department of the Year – Small Firm” Award by Texas Lawyer
READ MORE
The Role of the Plaintiff’s Employment Lawyer Before a Lawsuit
READ MORE
The Texas Lawbook Interviews Rogge Dunn on Wage and Hour Litigation Increases
READ MORE
Dec. 1, 2020: Rogge Dunn to Speak in LIVE CLE Webcast on Demystifying the Current Landscape of Broker-Dealers Amidst the COVID-19 Pandemic: What You Must Know and Do
READ MORE
Rogge Dunn Group Attorneys Nationally Recognized in Best Lawyers in America 2021 Edition
READ MORE
The Real Estate Investor Guide to Finder’s Fees – Insight from a Real Estate Lawyer
READ MORE
COVID-19 Continues to Create Employment Issues
READ MORE
Rogge Dunn Interviewed by AdvisorHub on Multi-Million Comp Award to Former Credit Suisse Brokers
READ MORE
How a FINRA Compliance Lawyer Can Help
READ MORE
CoStar News Interviews Rogge Dunn on Pandemic-Related Layoffs
READ MORE
Rogge Dunn Group Represents Ex-CFO Allegedly Fired for Whistleblowing
READ MORE
Rogge Dunn Interviewed on WFAA Regarding COVID-19 in the Workplace
READ MORE
Aug. 20, 2020: Rogge Dunn to Speak in Live CLE Webcast on How To Manage and Resolve Complex Commercial Disputes
READ MORE
Big Changes for Title IX: New Title IX Requirements
READ MORE

Contact Us Today!

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

FILL OUT FORM