Dealer Computer Services, Inc. v. Michael Motor Co., 485 F. App'x 724

DCS and MMC had a contract with an arbitration clause for disputes
MMC demanded arbitration; a three-member panel heard the case
The panel’s award favored DCS; MMC moved to vacate for evident partiality by DCS-appointed arbitrator
The district court vacated the award finding a reasonable impression of bias
Butner disclosed prior arbitrations; MMC argued disclosures were inadequate
The appellate court vacated the district court’s orders and remanded to confirm the arbitration award

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver of evident partiality claim under FAA §10(a)(2)	MMC did not know of Venus Ford panel; objections timely	Waiver should apply; failure to object during arbitration is a waiver unless knowledge existed	Waiver applied; MMC’s objections were waived
Sufficiency of arbitrator disclosures	Butner’s disclosures, plus online Webfile, gave MMC notice of potential conflict	Disclosures were inadequate or incomplete given prior service	Disclosures were sufficient to place MMC on notice of potential bias
Standard of review and result on vacatur	Arbitration awards reviewed narrowly; deference owed to panel	Vacatur proper due to evident partiality	District court erred; vacatur vacated and award to be confirmed

Positive Software Solutions Inc. v. New Century Mortg. Corp., 476 F.3d 278 (5th Cir. 2007) (narrow review of arbitrator awards; strong deference to arbitral tribunals)
Lucent Technologies, Inc. v. Tatung Co., 379 F.3d 24 (2d Cir. 2004) (undisclosed relationships; duty to investigate possible bias)
Kiernan v. Piper Jaffray Cos., Inc., 137 F.3d 588 (8th Cir. 1998) (facts indicating bias; objector's duty to investigate before arbitration")
Bosarge v. Seawell & Kove, 813 F.2d 726 (5th Cir. 1987) (objection to arbitrator must be raised during proceedings to avoid waiver)
Delta Mine Holding Co. v. AFC Coal Props., Inc., 280 F.3d 815 (8th Cir. 2001) (waiver principle; objecting party must raise issue)