Arbitrator’s Receipt of Ex Parte Evidence does not Necessarily Rise to the Level of Misconduct

Originally published by Gene Roberts.

In Wright v. Menta, the Fifth District Court of Appeals considered whether the trial court erred by confirming an arbitration award based upon these points of error: (1) arbitrator misconduct by reviewing evidence submitted ex parte and in camera, (2) the arbitration award being unenforceable for vagueness, (3) the award of attorney’s fees was outside the arbitrator’s jurisdiction, and (4) the trial court unconstitutionally delegated its duty to the arbitrator. The Court of Appeals affirmed the trial court’s confirmation of the arbitration award.
The Court of Appeals held that the arbitrator–by reviewing in camera records relating to one side’s attorney’s fees–did not rise to the level of misconduct under Section 171.088 of the Texas Civil Practice and Remedies Code. Here, even if there was misconduct, it did not deprive the other party of a fair hearing because notice of the submission was made, the party objected to the arbitrator’s consideration of the in camera, ex parte records, and the arbitrator ove …

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today http://ift.tt/1sEmv04
via Abogado Aly Website