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Commonwealth Coatings v. Continental Cas., 393 U.S. 145 (1968)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Commonwealth Coatings v. Continental Cas., 393 U.S. 145 (1968)
Commonwealth Coatings Corp. v. Continental Cas. Co. No. 14 Argued October 22, 1968 Decided November 18, 1968 393 U.S. 145
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
Syllabus
Petitioner, a subcontractor, sued the sureties on the prime contractor’s bond to recover money allegedly due for a painting job. Pursuant to the arbitration provision in the contract, petitioner appointed an arbitrator, the prime contractor appointed another, and these two appointed a third. The third arbitrator was an engineering consultant whose services were used sporadically by the prime contractor, resulting in fees of about $12,000 over a period of four to five years. Petitioner challenges the arbitration award on the ground that this close business connection was not revealed until after the award was made. The Court of Appeals affirmed the District Court’s refusal to set aside the award.
Held: Arbitrators should disclose to the parties any dealings which might create an impression of possible bias, and since the business connection between the arbitrator and the prime contractor was not disclosed here, the award can be vacated under § 10 of the United States Arbitration Act, which authorizes vacation of an award "procured by . . . undue means" or "where there was evident partiality . . . in the arbitrators." Pp. 146-150.
382 F.2d 1010, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Commonwealth Coatings v. Continental Cas., 393 U.S. 145 (1968) in 393 U.S. 145 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=UWXZ4FA3WSV4XEB.
MLA: U.S. Supreme Court. "Syllabus." Commonwealth Coatings v. Continental Cas., 393 U.S. 145 (1968), in 393 U.S. 145, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UWXZ4FA3WSV4XEB.
Harvard: U.S. Supreme Court, 'Syllabus' in Commonwealth Coatings v. Continental Cas., 393 U.S. 145 (1968). cited in 1968, 393 U.S. 145. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=UWXZ4FA3WSV4XEB.
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