First and Second Circuits Confirm Arbitrators' Ability to Exclude Evidence | Practical Law
On July 31, 2013, two courts of appeals confirmed arbitrators' discretion to exclude evidence. The US Court of Appeals for the First Circuit in Doral Financial Corp. v. García-Vélez and the US Court of Appeals for the Second Circuit in LJL 33rd Street Associates LLC v. Pircairn Properties, Inc. refused to vacate arbitration awards based on arbitrators' decisions to exclude evidence at hearing. Practitioners should be aware that appellate courts are hesitant to find arbitral misconduct under 9 U.S.C. § 10(a)(3).