The Fifth Circuit's Positive Software Solutions v. New Century Mortgage - Underscoring the Need for a Positive Solution to Arbitrator Disclosure for a New Century
Article from: TDM 5 (2007), in Case Comments & Awards
With the increase in cross-border transactions, international arbitration has enjoyed significant growth in recent years. By the same token, globalization has created increasingly difficult conflict of interest issues which have provided more opportunities for disgruntled losing parties to commence post-award litigation to challenge arbitral awards in court. Arbitrator partiality continues to be a favorite basis for parties seeking vacatur, pursuant to the Federal Arbitration Act, of both domestic and international arbitration awards made in the United States, fueled by ...