In a recent opinion addressing an issue of first impression for the court, the United States Court of Appeals for the Third Circuit held that a “constructive knowledge” standard applies to post-award challenges to an arbitrator’s qualification to serve. More specifically, in Goldman, Sachs & Co. v. Athena Venture Partners, L.P., No. 13-3461 (Sept. 29, 2015), the court held that “if a party could have reasonably discovered that any type of malfeasance, ranging from conflicts-of-interest to non-disclosures . . ., was afoot during the [arbitration] hearings, it should be precluded from challenging the subsequent award on those grounds.”
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