No. 23-506

Occidental Exploration and Production Company v. Andes Petroleum Ecuador Limited

Lower Court: Second Circuit
Docketed: 2023-11-14
Status: Granted
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: arbitration circuit-split commonwealth-coatings disclosure disclosure-requirement evident-partiality federal-arbitration-act judicial-precedent second-circuit
Latest Conference: 2024-03-15 (distributed 2 times)
Question Presented (from Petition)

Whether an arbitrator's failure to disclose a relationship evinces evident partiality if it shows the arbitrator "might reasonably be thought biased," as Commonwealth Coatings held, or instead only if a reasonable person "would have to conclude" that the arbitrator was actually biased.

Question Presented (AI Summary)

Whether an arbitrator's failure to disclose a relationship evinces evident partiality

Docket Entries

2024-04-22
Petition Dismissed - Rule 46.
2024-04-12
Motion to dismiss the case pursuant to Rule 46 filed by petitioner.
2024-03-18
Joint motion to defer consideration of the petition for a writ of certiorari GRANTED.
2024-02-23
Joint motion to defer consideration of the petition for a writ of certiorari. (Distributed)
2024-02-21
DISTRIBUTED for Conference of 3/15/2024.
2024-02-02
Brief of respondent Andes Petroleum Ecuador Limited in opposition filed.
2023-12-08
Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2024.
2023-12-07
Motion to extend the time to file a response from January 3, 2024 to February 2, 2024, submitted to The Clerk.
2023-12-04
Response Requested. (Due January 3, 2024)
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-11-21
Waiver of right of respondent Andes Petroleum Ecuador Limited to respond filed.
2023-11-09
Petition for a writ of certiorari filed. (Response due December 14, 2023)

Attorneys

Andes Petroleum Ecuador Limited
Scott Sonny BalberHerbert Smith Freehills New York LLP, Respondent
Occidental Exploration and Production Company
Paul D. ClementClement & Murphy, PLLC, Petitioner