Standard of “Evident Partiality” to Challenge Arbitration Award

In this commercial contract case, the plaintiff received a damages award from an arbitrator.  The defendant challenged the award because of its belief that the arbitrator gave “tips” to the claimant when commenting on the evidence at the final hearing.  The appellate court rejected the claim, holding, “the standard for determining ‘evident partiality’ is whether there was a ‘reasonable impression of partiality.’  We have reviewed the arbitrator’s comments and conclude that they do not show any partiality. During the proceedings the arbitrator was trying to understand the parties’ positions and asked several questions in that regard. The arbitrator’s remarks were an allowable comment on the evidence and/or sought clarification of a party’s position.”

Jomar Properties, L.L.C., and Accredited Surety And Casualty Company, Inc., 40 Fla. L. Wkly D206a (Fla. 4th DCA Jan. 14, 2015).