Challenging An Arbitrator Ab Initio: A Primer

Law360, New York (February 8, 2016, 3:09 PM EST) -- After an arbitration has concluded and there is a prevailing party and a losing party, the latter may identify an issue or perceived conflict with one or more of the arbitrators and move to vacate the arbitration award on that basis. At that point, the award has already been issued, and the time and expense of the arbitration has been incurred. What about a perceived conflict that is identified at the time of the appointment of the arbitrator, however? Usually, courts will not entertain challenges to arbitrators until the arbitrators have issued a decision. Accordingly, where a perceived conflict is identified early in the process, a party may consider asking the arbitral forum that is overseeing the arbitration — like the American Arbitration Association ("AAA"), JAMS or the Financial Industry Regulatory Authority — to consider the conflict and determine whether it is appropriate for the arbitrator to serve on the arbitration panel....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!