6th COA – Texarkana
The Sixth Court of Appeals (Texarkana) affirmed the trial court's judgment confirming the arbitrator's final award in a nonsubscriber case. The Employer-Defendant sought to vacate the arbitrator's award arguing evident partiality of the arbitrator. The Court, quoting Weber v. Merrill Lynch Pierce Fenner & Smith, Inc., 455 F.Supp.2d 545, 550 (N.D. Tex. 2006), noted, “This is an ‘onerous burden,’ because the urging party must demonstrate that the alleged partiality is ‘direct, definite, and capable of demonstration rather than remote, uncertain or speculative.’ ” Id. (quoting Weber, 455 F.Supp.2d at 550)).