Barcon Associates, Inc., Plaintiff-Appellant v. Tri-County Asphalt Corporation, Defendant-Respondent

Summary

The New Jersey Supreme Court affirmed the lower courts' vacatur of an arbitration award, holding that an undisclosed, substantial business relationship between a party‑designated arbitrator and the party that appointed him constitutes evident partiality under N.J.S.A. 2A:24-8(b). The Court also instituted a prospective rule requiring all arbitrators to disclose any such relationships before arbitration begins. Justice Clifford dissented, arguing the decision overturns settled law and unduly interferes with commercial arbitration.