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· 4/1/1999

Anr Coal Company, Incorporated v. Cogentrix of North Carolina, Incorporated

Citations

  • 173 F.3d 493
  • 1999 U.S. App. LEXIS 5911
  • 1999 WL 178776

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding vacatur improper where arbitrator’s law firm represented company that indirectly caused the dispute in the arbitration by buying less from the defendant, who in turn sought to buy less from the plaintiff
  • “[S]ubjecting arbitrators to extremely rigorous disclosure obligations would diminish one of the key benefits of arbitration: an arbitrator’s familiarity with the parties’ business.” (citing Commonwealth Coatings, 393 U.S. at 150 (White, J., concurring))
  • “Because the vote of either Justice White or Justice Marshall was necessary to create a majority, courts have given this concurrence particular weight.”
  • although plaintiff “clearly erred by labeling its pleading a civil complaint, rather than a motion to vacate,” the action was permitted to proceed under the FAA because no prejudice resulted
  • ANR alleged that the neutral arbitrator selected as umpire was partial to Cogentrix
  • specifying factors for assessing claim of arbitrator partiality

Source: CourtListener parenthetical corpus (CC0).

Judges: Ervin, Motz, Traxler

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.