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BARCON ASSOCIATES, INC. v. TRI-COUNTY ASPHALT CORP.

172 N.J. Super. 186 (1980)

411 A.2d 709

BARCON ASSOCIATES, INC., PLAINTIFF-APPELLANT, v. TRI-COUNTY ASPHALT CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 1980.

Attorney(s) appearing for the Case

J. William Barba argued the cause for appellant (Shanley & Fisher, attorneys; J. William Barba and Charles A. Reid, III, on the brief).

Irwin I. Kimmelman argued the cause for respondent (Kimmelman, Wolff & Samson, attorneys; Ronald E. Wiss on the brief).

Before Judges FRITZ, KOLE and LANE.

The opinion of the court was delivered by FRITZ, P.J.A.D.

The question here is whether in matters of tripartite arbitration confirmation of the arbitrators' award should be denied because of "evident partiality" in all cases in which there has been an undisclosed, substantial, ongoing business relationship between an arbitrator and one of the parties. The trial judge answered this question in the affirmative and in a well reasoned and articulate opinion in which the...

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