Scandinavian Reinsurance Co Ltd v Saint Paul Fire and Marine Insurance Company and Ors – US Court of Appeals (2nd Circuit) (Sack and Livingston Ct JJ and Murtha DJ) – 3 February 2012

Arbitration – Award – Failure by arbitrators to disclose that they were acting as arbitrators in concurrent similar arbitration – Whether award should be vacated for “evident partiality”

The issue on this appeal was whether the failure of two arbitrators to disclose their concurrent service as arbitrators in another, arguably similar, arbitration constituted “evident partiality” within the meaning of the Federal Arbitration Act 9 USC section 10(a)(2). The appellant insurers (“St Paul”) appealed from a decision of the US District Court (SDNY) which granted a petition by the respondent reinsurers (“Scandinavian”) to vacate an arbitral award rendered in St Paul’s favour and denying a cross-petition by St Paul to confirm the same award. St Paul had initiated the arbitration (“the St Paul arbitration”) to resolve a dispute concerning the interpretation of the parties’ reinsurance contract.