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A busy week for arbitration at the nation’s top Court:  Yesterday, the U.S. Supreme Court issued its first arbitration decision of the 2009-2010 term, ruling on the jurisdiction of a federal labor arbitration panel.  Today, the Court will hear oral arguments in Stolt-Nielsen S.A. et al. v. AnimalFeeds International Corp., No. 08-1198, an important case expected to decide the future of class arbitrations.

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AIG, former CEO Maurice R. Greenberg, and former CFO Howard I. Smith agree to arbitrate a chunk of the claims involved in the fight over liability over accounting irregularities that led in part to a government bailout of the insurer. 

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There is no consensus among the circuits regarding what information an arbitrator must disclose, and when nondisclosure rises to the level of “evident partiality.”  Due to this lack of sufficient clarity, any challenge to an arbitrator for evident partiality may be viewed differently depending on the reviewing court’s venue.

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