STORY FROM: Reinsurance & Arbitration
Arbitrator’s Refusal to Postpone Hearing Does Not Warrant Vacatur Under FAA, 11th Cir. Affirms
October 12, 2016
ATLANTA — An arbitrator’s refusal to postpone a hearing after it had been already rescheduled twice does not warrant vacatur of the award under the Federal Arbitration Act because there was a reasonable basis for the arbitrator’s decision, a federal appeals court has affirmed.
The 11th Circuit U.S. Court of Appeals further ruled that the parties were not prejudiced or deprived of a fair hearing and as such, vacatur is not warranted.
CM South East Texas Houston LLC and South East Texas KCH Co. LLC asserted breach of contract claims against CareMinders Home Care Inc. and demanded arbitration. After months ...