Publications

I. Introduction
One of the selling points of arbitration under the Federal Arbitration Act (FAA) is the relative finality of an award. Arbitration awards may be vacated only under limited circumstances. The Second Circuit’s July 9, 2007, ruling in Applied Industrial Materials Corp. v. Ovalar Makine Ticaret Ve Sanaya, A.S.,¹ which imposes a duty on arbitrators to either investigate conflicts of interest of which they become aware, or inform the parties that no investigation was undertaken, opened the door a little wider for disgruntled parties to undo an award they do not like based on “evident partiality.”²

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1</sup>492 F.3d 132 (2d Cir. 2007).
²9 U.S.C. § 10(a)(2).

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