Jurisdiction(s):
United Kingdom

US Supreme Court refuses certiorari petition in US$55m Chinese award enforcement dispute; alleged rogue arbitrator’s behaviour insufficient to disturb Ninth Circuit decision

Published on: 05 March 2026

Published by a Law360 reporter

Legal News

Article summary

The justices declined to take up the petition from Wenbin Que, who sought to overturn a Ninth Circuit ruling that left him liable for a US$55m arbitral award in favour of fellow Chinese national Lihua Song after a soured investment, arising from a failed deal. Que alleges a ‘rogue’ member of a three-arbitrator panel walked out of an active hearing to wander his flat, use the toilet, and embark on a ‘misadventure’ with an unrelated woman that included travelling by car and boarding a train. He argued that courts have recognised that bias or misconduct by one participant on a multi-member tribunal can infect the entire proceeding. According to the petition, the Ninth Circuit accepted that this conduct was ‘concerning’, but set that concern aside on the basis that ‘the remaining two arbitrators behaved properly’. That two-out-of-three rationale is erroneous, the filing contends, and requires correction...

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