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- Title
CONSTRUCTION -- FAILURE TO DISCLOSE -- ARBITRATOR BIAS -- WAIVER -- EXPIRATION OF ARBITRATORS' JURISDICTION -- SUBMISSION OF EVIDENCE.
- Abstract
This section discusses the judicial scope of an arbitral award in the case R. E. Bean Construction Co. v. Middlebury Associates Inc., which was filed in the U.S. in 1981. Middlebury and Bean entered into a contract for the construction of a shopping center. The agreement provided for arbitration of disputes under the Construction Industry Rules of the American Arbitration Association. Middlebury challenged the arbitration award rendered against it on four grounds. It first claimed that two of the three arbitrators had undisclosed relationships with the opposing party and were therefore biased. The court determined that it was not unusual that such relationships would exist, and that Middlebury failed to prove that the undisclosed relationships biased the attorney-arbitrator. The second challenged arbitrator, a contractor, had disclosed that this firm belonged to the same professional organization as did Bean, but failed to disclose that he personally belonged to the organization. The court ruled that it was Middlebury's responsibility to further investigate the disclosed relationships before an award was rendered. Finally, the court remanded the case on Middlebury's allegation that Bean's submission of evidence for consideration after the evidentiary portion of the hearing prejudiced its case.
- Subjects
UNITED States; R.E. Bean Construction Co.; MIDDLEBURY Associates (Company); ARBITRATION &; award; ACTIONS &; defenses (Law); CONSTRUCTION industry
- Publication
Arbitration Journal, 1981, Vol 36, Issue 3, p53
- ISSN
0003-7893
- Publication type
Article