Experienced arbitrators and counsel well know that the FAA provides that an award may be vacated where it was procured by “undue means,” or the arbitrator was guilty of “misbehavior,” or “imperfectly executed” his or her powers. 9 U.S.C. § 10 (a)(1), (3), and (4). If you have thought to yourself that “nothing like that will ever happen to me,” using generative AI should make you think again as illustrated by three 2025 appellate cases in which non-existent cases were cited. In Kohls v. …
Vacatur
Ep. 5 Best Practices for Drafting Reasoned Arbitration Awards: A Conversation with John Burritt McArthur
In this episode of CCA Arbitration Talk, recorded live at the American Arbitration Association’s Biannual Neutrals Conference in Dallas, host Rich Silberberg is joined by CCA Fellow John Burritt (“Mac”) McArthur — experienced commercial arbitrator and author of The Reasoned Arbitration Award in the United States: Its Purposes, Preparation, Problems, and Preservation (Juris, 2022). Mr. McArthur shares insights from his extensive career as both advocate and arbitrator, discussing …
Appeals Court Swats Party Who Cheated in Arbitration
A CCA Blog: The Aardvark* It has been a while since you heard from me, but a recent case caught my attention. In Nuvasive, Inc. v. Absolute Medical, LLC, No.22-10214, the 11th Circuit affirmed a district court’s decision to overturn an arbitration award more than three months after the statutory deadline to challenge the award. It turned out that one of the respondents was coaching the witness who was testifying by video conference, by …