Two sisters, both of whom are Doctors of Psychology, decide to start a counseling business. As part of their business agreement, they agree that any disputes that arise between them over business matters will be submitted to an independent arbitrator, whom they designate to be their Mom, also a Doctor of Psychology. A dispute arises and is submitted to Mom for arbitration. During the course of arbitration, which occurs over several weeks, Mom is visiting the older daughter's house one night when the arbitration hearing is not actively in session. During the visit, Mom asks the older daughter about some counseling notes that relate to the controversy being arbitrated. The younger daughter learns about this discussion the next time the parties meet for an arbitration session; she says nothing about it, however. The arbitration is concluded in favor of the older daughter. The younger daughter seeks to have the award set aside.

Part (a):Should a court confirm the award or set it aside? Fully discuss all issues relevant to this question.

Part (b):What are the potential bases upon which a party to a private arbitration may successfully challenge an arbitration award?