Positive Software Solutions, Inc. v. New Century Mortgage Corporation; New Century Financial Corporation; Econduit Corporation; the Anyloan Company; Jeff Lemieux; Frank Nese. United States Court of Appeals for the Fifth Circuit, No. 04-11432
Article from: TDM 5 (2007), in Case Comments & Awards
The court reconsidered this case en banc in order to determine whether an arbitration award must be vacated for "evident partiality," 9 U.S.C. § 10(a)(2), where an arbitrator failed to disclose a prior professional association with a member of one of the law firms that engaged him. We conclude that the Federal Arbitration Act ("FAA") does not mandate the extreme remedy of vacatur for nondisclosure of a trivial past association, and we reverse the district court's contrary judgment, but it is necessary to remand for consideration of appellee's other objections to the arbitral ...