Please help me with this IRAC Mark and Barb decided to resolve a contract disput

Question

Please help me with this IRAC

Mark and Barb decided to resolve a contract dispute through binding arbitration. They selected their arbitrator, Alan, through a private service. At the conclusion of the arbitration hearing, Alan returned an award for Mark. The next day, Barb found out from a neighbor of Mark’s that Mark and Alan had been business partners five years ago. Neither Mark nor Alan mentioned that they knew one another. Barb also thinks that Alan miscalculated the $10,000 damage award to Mark. Upon learning of Mark and Alan’s connection and upset over the alleged miscalculation, Barb immediately consults with an attorney as to her options. What, if anything, can Barb do? Explain.

Explanation / Answer

Issue: Whether the decision of biased arbitrator can be null and void.

Rule: The arbitrator has to be a neutral arbitrator.

Application: The very essence of the arbitration is the neutrality of the arbitrator. Presence of bias and undisclosed relationship makes the decision of the arbitrator void as the arbitrator looses the neutrality condition of the arbitration laws.

Conclusion: Since, in this case Mark and Alan had been business partners five years , this is sufficient to make the decision of the arbitrator null and void.

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