Introduction

The Federal Arbitration Act ("FAA"), section 10(b), permits vacatur of an arbitral award where "there was evident partiality" in the arbitrator. There is considerable debate as to what constitutes "evident partiality," particularly in the context of the arbitrator's failure to make a disclosure of a relationship with the attorneys' representing one of the parties to the arbitration. The leading decision from the United States Supreme Court on the issue of arbitrator nondisclosure is Commonwealth Coatings Corp. v, Continental Cas . Co., 393 U.S. 145 (1968). In a ...