Garofalo v. Di Vincenzo

Holding

The present decision, a matter of first impression, defines the standard for “evident partiality” as a ground for vacating an arbitration award under the Virginia Uniform Arbitration Act (“VUAA”), Code § 8.01 581.010(2). The Court holds that a party seeking vacatur for evident partiality must objectively demonstrate that a reasonable person, knowing all the relevant facts, would conclude that the arbitrator’s conduct signifies obvious bias against that party. Applying this standard, the judgment of the Court of Appeals in the present case — affirming a circuit court’s refusal to vacate an arbitration award — is affirmed.