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Failure to Raise "Timely" Challenge to Arbitrator's Alleged Bias is "Fatal" to Defense

September 06, 2007  |  from Washington Construction Law Blog

This case arose from a home remodel contract and went to private arbitration before Seattle arbitrator Don Logerwell who ruled in favor of the contractor.  In seeking to vacate the award, the owner claimed that Logerwell was biased toward the contractor because of a close relationship with the contractor's counsel.

The Court rejected this challenge on procedural grounds, holding that the owner had failed to raise the challenge in a "timely" manner -- which the Court defined to be "upon learning of any basis of partiality and before the arbitrator makes a decision."  The Court held that Logerwell had disclosed his "specific relationships with both attorneys" prior to the commencement of the arbitration and therefore the owner could not, as a matter of law, mount a post-award challenge to the validity of the award.

Copy of opinion also available here Download file

Filed: Construction-Law