Legal Opinion
Anr Coal Company, Incorporated v. Cogentrix of North Carolina, Incorporated
Court of Appeals for the Fourth Circuit
Decided April 1, 1999No. 98-1753PublishedCited by 59 opinions
1Opinion of the Court
OPINION
DIANA GRIBBON MOTZ, Circuit Judge:
The magistrate judge in this case vacated an arbitration award, finding that the arbitrator’s failure to reveal certain matters violated his “duty to disclose.” Because an arbitrator’s failure to disclose, in and of itself, provides no basis to vacate an award, and because the facts here do not demonstrate evident partiality by the arbitrator, we must reverse.
I
This dispute arises from a coal sales contract between Cogentrix of North Carolina, Inc. and Coastal Coal Sales, Inc., the predecessor in interest of ANR Coal Company, Inc. (collectively “ANR”).…
2Cases cited17 opinions
- Commonwealth Coatings Corp. v. Continental Casualty Co.Supreme Court of the United States · 1969
- In the Matter of the Arbitration Between Andros Compania Maritima, S.A., as Disponent Owners of the Kissavos, and Marc Rich & Co., A.G., as CharterersCourt of Appeals for the Second Circuit · 1978
- Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984
- Merit Insurance Company v. Leatherby Insurance Company A/K/A Western Employers Insurance CompanyCourt of Appeals for the Seventh Circuit · 1983
- O.R. Securities, Inc. v. Professional Planning Associates, Inc.Court of Appeals for the Eleventh Circuit · 1988
12 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Scandinavian Reinsurance Co. v. Saint Paul Fire and Marine Ins. Co.Court of Appeals for the Second Circuit · 2012
- Three S Delaware, Inc. v. DataQuick Information Systems, Inc.Court of Appeals for the Fourth Circuit · 2007
- James Freeman v. Pittsburgh Glass Works LLCCourt of Appeals for the Third Circuit · 2013
- Applied Industrial Materials Corp. v. Ovalar Makine Ticaret Ve Sanayi, A.S.Court of Appeals for the Second Circuit · 2007
- JCI Communications, Inc. v. International Brotherhood of Electrical WorkersCourt of Appeals for the First Circuit · 2003
54 more not listed; retrieve them via the Exa API.