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 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
Fired for Following the Law? Wrongful Termination Cases During COVID-19
READ MORE
COVID-19 Employment Rights: Dallas Business Journal Q&A with Rogge Dunn
READ MORE
Blue Angels Fly By Our Office Patio
READ MORE
Recent Developments in Non-Compete Laws
READ MORE
Rogge Dunn Interviewed on KHOU 11 Regarding the Requirements for Unemployment Benefits
READ MORE
Rogge Dunn Addresses Workers’ Concerns on KPRC 2 News
READ MORE
Star Local Media Interviews Rogge Dunn on Client’s Coronavirus-Related Wrongful Termination Lawsuit
READ MORE
Joshua Iacuone on NBC DFW: Iacuone and Dunn Represent Employee Fired For COVID-19 Shelter-In-Place Compliance
READ MORE
COVID-19 Employer and Employee Rights: Texas Lawyer Q&A With Rogge Dunn
READ MORE
Rogge Dunn on WFAA Regarding COVID-19 Employment Issues
READ MORE
COVID-19 Guidelines for Restaurants
READ MORE
Rogge Dunn Weighs In On Kera News Radio Segment About Janitor Safety During COVID-19
READ MORE

Contact Us Today!

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

FILL OUT FORM