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Facts

  • The case involves a series of disputes and arbitration proceedings following the dissolution of a marriage between Husband and Wife, leading to the formation of Red Boots to manage marital assets. Disputes arose regarding the management of Red Boots and the implementation of a Stipulated Judgment from a California court, leading to arbitration proceedings. David Smoak served as the arbitrator in these proceedings, with Stanley Hatch as his legal counsel. The district court vacated an arbitration award issued by Smoak in favor of Red Boots, disqualified Smoak as arbitrator, and disqualified Hatch as legal counsel to the arbitrator due to findings of evident partiality.

Procedural History

  • District Court: Vacated arbitration award issued by Smoak, disqualified Smoak as arbitrator, and disqualified Hatch as legal counsel due to evident partiality.
  • Court of Appeals of the State of New Mexico: Affirmed the district court's decisions.

Parties' Submissions

  • Appellants (Red Boots and David Smoak): Argued that Smoak, as the arbitrator, has the right to appeal the district court’s orders, contested the district court's decision to vacate Smoak’s arbitration award for evident partiality, and argued against the prospective disqualification of Smoak from serving as an arbitrator in future disputes.
  • Respondent (Karen L. Rogers): [Not applicable or not found]

Legal Issues

  • Whether Smoak, as the arbitrator, has the right to appeal the district court’s orders.
  • Whether the district court erred in vacating Smoak’s arbitration award for evident partiality under the New Mexico Uniform Arbitration Act.
  • Whether the district court erred in prospectively disqualifying Smoak from serving as an arbitrator of future disputes between the parties.

Disposition

  • The Court of Appeals affirmed the district court's decisions to vacate the arbitration award, disqualify David Smoak as arbitrator, and disqualify Stanley Hatch as legal counsel to the arbitrator.

Reasons

  • The Court of Appeals found substantial evidence supporting the district court's findings of evident partiality on the part of Smoak, including his disregard for the district court's rulings and proceeding with arbitration despite a pending motion to appoint a different arbitrator. The court concluded that Smoak's actions were direct, definite, and demonstrable evidence of partiality. The court also held that Smoak had the right to appeal the district court’s orders as he was sufficiently aggrieved by them. The appellate court affirmed the district court's use of its equitable authority to prospectively disqualify Smoak and Hatch from future arbitrations under the Settlement Agreement, finding no abuse of discretion.
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