Articles Posted in Arbitration Law

When, prior to issuance of an arbitration award, a party knows—or has reason to know—prospective grounds for challenging the coming award but waits to object until after it loses the arbitration, a party can waive its right to challenge the award on those grounds. Goldman Sachs v. Athena, 803 F.3d 144 (3d Cir. 2015); E.g., Simons v. Brown,…

Normally, arbitrators have no obligation to give reasons for an award. United Steelworkers of Am. v. Enter. Wheel & Car Corp., 363 U.S. 593 (1960). As the Fourth Circuit, in MCI Constructors v. Greensboro, 610 F.3d 849, 862–63 (4th Cir. 2010), has noted: “It is well settled that arbitrators are not required to disclose the basis upon…