Commercial Litigation and Arbitration

Arbitrator’s Failure to Rule on Recusal Motion Does Not Require Vacatur of Award Where American Arbitration Association Has Considered Motion

From Regnery Publishing, Inc. v. Miniter, 2010 U.S. App. LEXIS 5746 (D.C. Cir. Mar. 17, 2010):

Appellant has not shown that the arbitrator's failure to rule on appellant's motion for recusal required vacatur of an arbitration award as set forth in the Federal Arbitration Act, 9 U.S.C. § 10(a), in light of the American Arbitration Association's consideration of the merits of his requests for recusal and its ruling that the arbitrator "will be reaffirmed." See Appx. at 69; American Arbitration Association, Commercial Arbitration Rules and Mediation Procedures, R-17(b) (providing that the Association's decision whether an arbitrator should be disqualified "shall be conclusive").

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