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In Henry v. Standard Automation & Control, No. 04-16588, 2006 WL 2233390 (9th Cir. March 23, 2006), Henry filed a pro se appeal of the district court’s decision to vacate an arbitration award that denied him relief, claiming that the arbitrator showed “severe partiality.”
However, the Court refused to vacate the award. Although Henry alleged that Standard’s counsel made an admission in arbitration that would show evident partiality, neither party submitted a transcript of the arbitration hearing to the Court. Therefore, the Court could not find evident partiality, and confirmed the arbitration award.
The Court also denied Standard’s request for sanctions under Federal Rule of Civil Procedure 11; concluding that, although Henry’s appeal lacked merit, it could find no indication that it was frivolous or filed for an improper purpose.
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