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Seventh Circuit Rejects Challenge to Appointment of Replacement Arbitrator Because Party Waited until Conclusion of Arbitration by Syed S. Ahmad
Hunton & Williams LLP - McLean Office
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September 15, 2009
Previously published on August 2009
The United States Court of Appeals for the Seventh Circuit recently ruled that a party contesting the appointment of a replacement arbitrator -- because an arbitrator resigned -- must ask the district court to appoint the replacement under Section 5 of the Federal Arbitration Act ("FAA") before proceeding with the arbitration instead of waiting until after the arbitration award. WellPoint, Inc. v. John Hancock Life Ins. Co., No. 08-2283, 2009 WL ____ (6th Cir. August 7, 2009).
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