Quarry Mining Inc. and Riverside Vineyards agree to resolve a dispute in arbitration. The arbitrator meets with Quarry's representative to discuss the matter without Riverside's representative being present. If this substantially prejudices Riverside's rights, a court will most likely
A) dismiss the dispute.
B) review the record of the case.
C) file a complaint against the arbitrator.
D) set aside any award.

Question

Quizplus · Accepted Answer

If Riverside's rights are substantially prejudiced by the arbitrator meeting with Quarry's representative without Riverside's representative being present, a court will most likely set aside any award made by the arbitrator. This is in accordance with the Federal Arbitration Act which allows a court to vacate an arbitration award if there was "evident partiality or corruption in the arbitrators" or "where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy." (9 U.S.C. § 10(a)(2) and (3)).