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non-neutral arbitrator and the party appointing that arbitrator | | may be the subject of a motion to vacate under Section 23(a)(2). | | See Donegal Ins. Co. v. Longo, 415 Pa. Super. 628, 632-34, 610 | | A.2d 466, 468-69 (1992) (stating that in view of attorney-client | | relationship between insured and the non-neutral arbitrator | | selected by that party, arbitration proceeding did not comport | | with procedural due process). However, an award would be vacated | | only where a non-neutral arbitrator fails to disclose | | information that amounts to "corruption" or to "misconduct | | prejudicing the rights of a party" under Section 23(a)(2)(B) and | | (C). The ground of "evident partiality" in Section 23(a)(2)(A) | | by its terms only applies to an arbitrator appointed as a | | neutral" and it would not make sense to apply this ground to a | | non-neutral arbitrator whose function in many arbitration | | settings is to be an advocate for one of the parties. |
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| | | It is also important to note that the disclosure requirements | | of Section 12 are waivable under Section 4(a) as to non- | | neutral arbitrators appointed by parties. In regard to neutral | | arbitrators, the parties under Section 4(b)(3) can vary the | | requirements of Section 12 so long as they do not | | "unreasonably restrict" the right to disclosure. |
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| | | 6. Often parties agree to a procedure for challenges to | | arbitrators, such as a determination by an arbitration | | organization. Section 12(f) conditions post-award resort to | | the courts under Section 23(a)(2) upon compliance with such | | agreed-upon procedures. See, e.g., Bernstein v. Gramercy | | Mills, Inc., 16 Mass. App. Ct. 403, 414, 452 N.E.2d 231, 238 | | (1983) (stating that AAA rule incorporated by arbitration | | agreement helps to describe level of non-disclosure that can | | lead to invalidation of award). |
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| | | §8713.__Action by majority |
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| | | If there is more than one arbitrator, the powers of an | | arbitrator must be exercised by a majority of the arbitrators, | | but all of them shall conduct the hearing under section 8715, | | subsection 3. |
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| | | Because this section is not included in Section 4(b) and | | (c), the requirements of majority action and that all | | arbitrators must conduct the hearing may be changed by the | | parties in their agreement to arbitrate. However, in the | | absence of an | | agreement to the contrary, a majority will determine claims | | and issues when |
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