Arbitration Award Tossed For Appearance Of Arbitrator Partiality.

After an adverse arbitration award in a legal malpractice action, the losing party plaintiff searched the internet for evidence of bias on the part of the arbitrator. She found a link to the arbitrator’s resume, which listed a named partner in the defendant’s law firm as a reference. The trial judge denied a petition to vacate the arbitration award, and the appellate court reversed, stating: “We also conclude that the fact that the arbitrator had listed a partner in JMBM as a reference on his resume reasonably could cause an objective observer to doubt his impartiality as an arbitrator, and his failure to timely disclose that fact compels the conclusion that the arbitration award must be vacated. We therefore will reverse the judgment with directions to vacate the arbitration award.” (Mt. Holyoke Homes, L.P. v. Jeffer Mangels Butler & Mitchell, LLP  (Cal. App. Second Dist., Div. 3; September 24, 2013) (As Mod. Oct. 21, 2013) 219 Cal.App.4th 1299.)