On January 12, 2006, we blogged about the Fifth Circuit decision in the Positive Software case to vacate an arbitral award on the basis of an undisclosed conflict of interest. Today, the Circuit decided to rehear the case(link is to .pdf file) en banc. We will keep you posted on this and other exciting developments as they unfold. As yet, neither the new briefing schedule nor the oral argument had been set.
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arbitration, ADR, Fifth Circuit, law
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