Arbitrator’s Witness Credibility Findings Mean Possible Bias

A California appellate court vacated an arbitration award because the arbitrator’s witness credibility findings created an impression of bias. The court held that the arbitrator’s adverse determinations amounted to misconduct.

WHY THIS IS IMPORTANT… The grounds for overturning an arbitration award are narrow. Court review of arbitration awards is also narrow. One ground for overturning an arbitration award is arbitrator misconduct. In this case, the arbitrator’s stereotypical views of the principal witness and an award that contained practically no statement of fact led the court to overturn the award.