How Challenging Is the Challenge, or Can U.S. Courts Remove Arbitrators Before an Arbitration Has Come to an End? [updated September 2010]
Article from: TDM 4 (2008), in Arbitrator Bias
Introduction
"If you shoot at the king, you'd better not miss." Every lawyer must bear this wisdom in mind when deciding whether or not to challenge an arbitrator appointed to resolve, by means of a final and binding decision, a legal dispute. But the legal armory is strong, the facts command, and a coup d'etat against a tribunal or its members is not uncommon in arbitral practice. The challenge to bringing a challenge, however, is that the U.S. legal system does not supply reliable procedural means for disqualifying arbitrators after the arbitral process has begun and until it has ...