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The James Frank Story Revisited: Ninth Circuit Vacates Tainted Award As Fundamentally Unfair
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We covered this story on the arbitration side when it first broke in early 2014 (SAA 2014-12); this coming week, we will cover the legal side in full in SAC’s weekly online Litigation Alert (aka SOLA),

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Another Court Embraces The “Reasonableness” Standard For Proving “Evident Partiality” Under the FAA. “Repeat Player” Challenge Rejected.
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Neither past service as arbitrator in a previous case involving one of the parties (which was disclosed to the parties), nor the number of cases that party had with the arbitration provider (which was not disclosed to the parties),

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Like Rodney Dangerfield, Commonwealth Coatings “Don’t Get No Respect” – and it Shouldn’t!
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By George H. Friedman*

[This is a summary of the lead article in this month’s Securities Arbitration Commentator]

Introduction

As reported in the June 18th issue of the Securities Arbitration Alert,

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Alabama Supreme Court Narrowly Construes “Evident Partiality” Grounds For Award Vacatur Under the FAA; Adopts Reasonableness Standard
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In a unanimous decision, the Supreme Court of Alabama holds that a “mere appearance” of arbitrator bias is not enough to satisfy the “evident partiality” ground for vacating an Award under the Federal Arbitration Act (“FAA”).

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Shirking FINRA Arbitrator Disclosure Requirements Might Not Be Cause for Vacatur: Vitale & Paladino v. Morgan Stanley Smith Barney, LLC
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No. D063033 (Cal. App., 4Dist., 6/30/14). Award Challenge * Confirmation of Award * Arbitrator Bias * Waiver (Foreknowledge) * FAA (Evident Partiality) * Disclosure Issues (Arbitrator Checklist) * SRO Rules (FINRA Rule 13408) * State Statutes Interpreted (Cal.

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