"Tesla produced one witness: a Field Technical Specialist who admitted he hadn't checked what equipment shipped with our car, hadn't reviewed our driving logs, and didn't know details about the FSD system installed on our car, if any."
The board filed a petition Tuesday, alleging that a neutral umpire appointed as one of three arbitrators should be disqualified due to proof of his appearance of impropriety and clear apparent bias and partiality.
The Tenth Circuit's extreme deference to arbitrators has nullified meaningful judicial review, as emphasized in the amicus brief by Lift Our Voices. The brief cites the court's admissions of powerlessness, claiming federal courts "do not have discretion," "do not have power," and "cannot set aside an arbitration award based on legal error." This language reflects a worrying abdication of judicial authority outlined in Article III when the Federal Arbitration Act was enacted.