Henry

Henry v. Standard Automation & Control

Good Law
196 F. App'x 577
United States Court of Appeals for the Ninth CircuitAugust 4, 2006No. 04-16588California328 words

Opinion

Lead Opinion

MEMORANDUM **

James A. Henry is a nonattorney who does business under the name Automation Systems Marketing (“Automation”), a sole proprietorship. 1 He filed this appeal from the district court’s denial of a motion to vacate an arbitration award denying Automation damages or any other relief in a business dispute. We review de novo the district court’s decision to confirm an arbitration award. See Fidelity Fed. Bank v. Durga Ma Corp., 386 F.3d 1306 , 1311 (9th Cir.2004).

Federal law allows vacatur of an arbitration award “where there was evident partiality or corruption in the arbitrators.” 9 U.S.C. § 10 (a)(2). Henry alleges that the arbitrator showed “severe partiality” during and after the hearing. He does not, however, present any evidence of partiality except his own disagreement with the result. He claims that counsel for Standard made an admission during the arbitration, but because neither Henry nor Standard requested a transcript of the arbitration, there is no record of what was said during the proceeding. Henry has not shown any partiality that would justify vacating the arbitration award. We therefore affirm the district court.

Standard requests an award of…

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