Gianelli Money Purchase Plan & Trust v. ADM Inv. Servs., Inc., 146 F.3d 1309 (11th Cir. 1998). · Go Syfert
Gianelli Money Purchase Plan & Trust v. ADM Inv. Servs., Inc., 146 F.3d 1309 (11th Cir. 1998). Cases Citing This Book View Copy Cite
“he alleged partiality must be direct, definite and capable of demonstration rather than remote, uncertain and speculative”
150 citation events (139 in the last 25 years) across 28 distinct courts.
Strongest positive: Happy CP Company Limited v. Eight3Five Inc. (flsd, 2024-12-13) · Strongest negative: Applied Industrial Materials Corp. v. Ovalar Makine Ticaret Ve Sanayi, A.S. (ca2, 2007-07-09)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Applied Industrial Materials Corp. v. Ovalar Makine Ticaret Ve Sanayi, A.S.
2d Cir. · 2007 · signal: but see · confidence high
But see Gianelli Money Purchase Plan & Trust v. ADM Investor Servs., Inc., 146 F.3d 1309, 1312-13 (11th Cir.1998) (stating that evident partiality only exists when an arbitrator knows of a potential conflict but fails to disclose it to the parties).
discussed Cited "but see" Applied Industrial Materials v. Ovalar Makine Ticaret Ve Sanayi
2d Cir. · 2007 · signal: but see · confidence high
But see Gianelli Money Purchase Plan & Trust v. ADM Investor Servs., 18 Inc., 146 F.3d 1309, 1312-13 (11th Cir. 1998) (stating that evident partiality only exists 19 when an arbitrator knows of a potential conflict but fails to disclose it to the parties). 20 We emphasize that we are not creating a free-standing duty to investigate.
discussed Cited as authority (verbatim quote) Happy CP Company Limited v. Eight3Five Inc.
S.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence high
judicial review of arbitration awards is 'narrowly limited,' and presum that arbitration awards will be confirmed.
examined Cited as authority (verbatim quote) Grupo Unidos Por El del Canal, S.A. v. Autoridad del Canal de Panama (7×) also: Cited as authority (rule), Cited "see"
S.D. Fla. · 2021 · quote attribution · 1 verbatim quote · confidence high
he faa presumes that arbitration awards will be confirmed.
discussed Cited as authority (quoted) Waverlee Homes, Inc. v. McMichael
Ala. · 2003 · signal: see also · quote attribution · 1 verbatim quote · confidence low
he alleged partiality must be direct, definite and capable of demonstration rather than remote, uncertain and speculative
cited Cited as authority (rule) Worldwide Aircraft Services, Inc. d/b/a Jet ICU v. Cigna Health and Life Insurance Company
M.D. Fla. · 2026 · confidence medium
Servs., Inc., 146 F.3d 1309, 1312 (11th Cir. 1998) (citing Davis v. Prudential Sec.
cited Cited as authority (rule) Bush v. Nationwide Mutual Insurance Company
S.D. Ga. · 2025 · confidence medium
Servs., Inc., 146 F.3d 1309, 1312 (11th Cir. 1998).
cited Cited as authority (rule) UBS Financial Services, Incorporated v. David Efron
11th Cir. · 2025 · confidence medium
Servs., Inc., 146 F.3d 1309, 1312 (11th Cir. 1998)).
cited Cited as authority (rule) Everton A. lake v. Rocklyn Homes, Inc.
11th Cir. · 2024 · confidence medium
Services, Inc., 146 F.3d 1309, 1312 (11th Cir. 1998).
discussed Cited as authority (rule) Hidroelectrica Santa Rita S.A. v. Corporacion AIC, SA
11th Cir. · 2024 · confidence medium
Servs., Inc., 146 F.3d 1309, 1311 (11th Cir. 1998)). “[W]e accept the district court’s findings of fact to the extent they are not clearly errone- ous.” Scott v. Prudential Sec., Inc., 141 F.3d 1007, 1014 (11th Cir. 1998), overruled in part on other grounds by Hall St.
discussed Cited as authority (rule) Armont v. K12 (Florida Cyber Charter Academy--FLCCA)
M.D. Fla. · 2024 · confidence medium
Servs., 146 F.3d 1309, 1312 (11th Cir. 1998) (quoting Lifecare Intern., Inc. v. CD Med., Inc., 68 F.3d 429, 433 (11th Cir. 1995)).
discussed Cited as authority (rule) Beverley Schottenstein v. Evan Schottenstein
11th Cir. · 2024 · confidence medium
STANDARD OF REVIEW We review orders confirming arbitration awards “for clear error with respect to factual findings and de novo with respect to the district court’s legal conclusions.” Gianelli Money Purchase Plan & Trust v. ADM Inv’r Servs., Inc., 146 F.3d 1309, 1311 (11th Cir. 1998).
cited Cited as authority (rule) Grupo Unidos por el Canal, S.A. v. Autoridad del Canal de Panama
11th Cir. · 2023 · confidence medium
Serv., Inc., 146 F.3d 1309, 1311 (11th Cir. 1998).
cited Cited as authority (rule) Nuvasive, Inc. v. Absolute Medical, LLC
11th Cir. · 2023 · confidence medium
Servs., Inc., 146 F.3d 1309, 1311 (11th Cir. 1998).
discussed Cited as authority (rule) Communications Unlimited Contracting Services, Inc. v. Steve Clanton.
Ala. · 2022 · confidence medium
Servs., Inc., 146 F.3d 1309, 1312 (11th Cir. 1998) (quoting Davis v. Prudential Sec., Inc., 59 F.3d 1186 , 1190 (11th Cir. 1995)); Maxus, Inc. v. Sciacca, 598 So. 2d 1376, 1380 (Ala. 1992) (stating that "the role of the courts in reviewing the arbitration award is limited").
discussed Cited as authority (rule) Schottenstein v. J.P. Morgan Securities, LLC (2×) also: Cited "see"
S.D. Fla. · 2022 · confidence medium
First, in Gianelli Money Purchase Plan & Tr. v. ADM Inv’r Servs., Inc., 146 F.3d 1309, 1310 (11th Cir. 1998), the arbitrator’s law firm had previously represented one of the parties.
cited Cited as authority (rule) Ann McLaurin v. The Terminix International Company, LP
11th Cir. · 2021 · confidence medium
Servs., Inc., 146 F.3d 1309, 1311 (11th Cir. 1998).
cited Cited as authority (rule) Easley v. WLCC II d/b/a Arrowhead Advance
S.D. Ala. · 2021 · confidence medium
Appx. 701 (11th Cir. 2016)) (discussing the court's limited review); Gianelli Money Purchase Plan & Trust v. ADM Investor Servs., Inc., 146 F.3d 1309, 1312-1313 (11th Cir. 1998) (same).
cited Cited as authority (rule) Glenda Perez v. Cigna Health and Life Insurance Company
11th Cir. · 2021 · confidence medium
Servs., Inc., 146 F.3d 1309, 1312 (11th Cir. 1998).
cited Cited as authority (rule) Jose A. Torres v. Morgan Stanley Smith Barney, LLC
11th Cir. · 2020 · confidence medium
Servs., 146 F.3d 1309, 1312 (11th Cir. 1998).
discussed Cited as authority (rule) Georgia-Pacific Consumer Operations, LLC v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers Union, Local 9-0952
11th Cir. · 2020 · confidence medium
Servs., Inc., 146 F.3d 1309, 1311 (11th Cir. 1998). “[C]ourts may vacate an arbitrator’s decision ‘only in very unusual circumstances.’” Oxford Health Plans LLC v. Sutter, 569 U.S. 564 , 568 (2013) (quoting First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 942 (1995)).
cited Cited as authority (rule) Trawick v. Berthel Fisher & Company Financial Services Inc
N.D. Ala. · 2020 · confidence medium
Gianelli Money Purchase Plan and Trust v. ADM Investor Services, Inc., 146 F.3d 1309, 1312 (11th Cir. 1998).
discussed Cited as authority (rule) Managed Care Insurance Consultants, Inc. v. United Healthcare Insurance Co.
Fla. Dist. Ct. App. · 2017 · confidence medium
As to the issue of conflict on the part , of the chairperson, the court relied on Gianelli Money Purchase Plan & Trust v. ADM Investor Services, Inc., 146 F.3d 1309, 1313 (11th Cir. 1998), to conclude that MCIC had not proved an actual conflict nor that actual bias had beeh shown, The court ruled that “although there was evidence that [the arbitrator’s husband] treats patients who are insured by United.and, as a result, receives reimbursement from United, there was insufficient evidence demonstrating [that the arbitrator] had actual knowledge of such a relationship or potential conflict pr…
discussed Cited as authority (rule) Jake Mendel v. Morgan Keegan & Company Inc.
11th Cir. · 2017 · confidence medium
Once the case was before it, the federal district court established a discovery period running from October 28, 2013, to January 28, 2014, About a month into that discovery period, the district court issued an order explaining that this Court’s decision in Gianelli Money Purchase Plan & Trust v. ADM Investor Services, Inc., 146 F.3d 1309, 1312-13 (11th Cir. 1998), holds that a plaintiff in a nondisclosure case must “provide evidence, whether direct or circumstantial, that the arbitrator had actual knowledge of the undisclosed fact.” The court concluded that Mendel’s claim necessitated …
discussed Cited as authority (rule) MANAGED CARE INS. CONSULTANTS v. UNITED HEALTHCARE INS. CO.
Fla. Dist. Ct. App. · 2017 · confidence medium
As to the issue of conflict on the part of the chairperson, the court relied on Gianelli Money Purchase Plan & Trust v. ADM Investor Services, Inc., 146 F.3d 1309, 1313 (11th Cir. 1998), to conclude that MCIC had not proved an actual conflict nor that actual bias had been shown.
discussed Cited as authority (rule) Careminders Home Care, Inc. v. Lori Kianka
11th Cir. · 2016 · confidence medium
Orders confirming arbitration awards “are to be reviewed for clear error with respect to factual findings and de novo with respect to the district court’s legal conclusions.” Gianelli Money Purchase Plan & Trust v. ADM Inv’r Servs., Inc., 146 F.3d 1309, 1311 (11th Cir. 1998).
cited Cited as authority (rule) CM South East Texas Houston, LLC v. Careminders Home Care, Inc.
11th Cir. · 2016 · confidence medium
Gianelli Money Purchase Plan & Trust v. ADM Investor Servs., Inc., 146 F.3d 1309, 1311 (11th Cir. 1998).
discussed Cited as authority (rule) Grigsby & Associates, Inc. v. M Securities Investment
11th Cir. · 2015 · confidence medium
We vacate such decisions by arbitrators "only in extremely narrow circumstances." Gianelli Money Purchase Plan & Tr. v. ADM Inv’r Servs., Inc., 146 F.3d 1309, 1311 (11th Cir.1998) (citing 9 U.S.C. § 10 ).
discussed Cited as authority (rule) Municipal Workers Compensation Fund, Inc. v. Morgan Keegan & Co.
Ala. · 2015 · confidence medium
Because Houck did not have actual knowledge of the information upon which the alleged ‘conflict’ was founded, the second ‘evident partiality’ condition is not present in this case.” Gianelli, 146 F.3d at 1312-13 (footnotes omitted).
cited Cited as authority (rule) Kathy Fowler v. Ritz-Carlton Hotel Company, LLC
11th Cir. · 2014 · confidence medium
Gianelli Money Purchase Plan & Trust v. ADM Investor Servs., Inc., 146 F.3d 1309, 1312 (11th Cir.1998).
discussed Cited as authority (rule) Wells Fargo Advisors, LLC v. Watts
W.D.N.C. · 2012 · confidence medium
A party challenging an arbitration award based on “evident partiality or corruption” must show that the alleged partiality is “direct, definite and capable of demonstration rather than remote, uncertain and speculative.” Gianelli Money Purchase Plan & Trust v. ADM Investor Servs., Inc., 146 F.3d 1309, 1312 (11th Cir.1998) (quoting Middlesex Mut.
discussed Cited as authority (rule) Delaware Transit Corp. v. Amalgamated Transit Union Local 842
Del. · 2011 · confidence medium
Inc., 146 F.3d 1309, 1312 (11th Cir.1998) (explaining awards may be vacated only when an actual conflict exists or where a failure to disclose offends the reasonable person standard); Lifecare Int’l, Inc. v. CD Med., Inc., 68 F.3d 429 , 433 (11th Cir.1995) (stating that the mere appearance of bias is insufficient to vacate an arbitration award); Morelite Constr.
discussed Cited as authority (rule) Javier Aviles vs Charles Schwab & Co., Inc. (2×) also: Cited "see"
11th Cir. · 2011 · confidence medium
Gianelli Money Purchase Plan & Trust v. ADM Investor Servs., 146 F.3d 1309, 1312 (11th Cir.1998).
discussed Cited as authority (rule) LAS PALMAS MEDICAL CENTER v. Moore
Tex. App. · 2010 · confidence medium
Co., 591 F.3d 1167, 1172 (9th Cir.2010); Youngs v. American Nutrition, Inc., 537 F.3d 1135, 1141 (10th Cir.2008); Gianelli Money Purchase Plan and Trust v. ADM Investor Services, Inc., 146 F.3d 1309, 1310-11 (11th Cir.1998).
discussed Cited as authority (rule) Las Palmas Medical Center v. Robert Moore, M.D. and Debora Moore, M.D.
Tex. App. · 2010 · confidence medium
Co., 591 F.3d 1167, 1172 (9th Cir. 2010); Youngs v. American Nutrition, Inc., 537 F.3d 1135, 1141 (10th Cir. 2008);Gianelli Money Purchase Plan and Trust v. ADM Investor Services, Inc., 146 F.3d 1309, 1310-11 (11th Cir. 1998).
discussed Cited as authority (rule) Las Palmas Medical Center v. Robert Moore, M.D. and Debora Moore, M.D.
Tex. App. · 2010 · confidence medium
Co. , 591 F.3d 1167, 1172 (9th Cir. 2010); Youngs v. American Nutrition, Inc. , 537 F.3d 1135, 1141 (10th Cir. 2008) ;Gianelli Money Purchase Plan and Trust v. ADM Investor Services, Inc ., 146 F.3d 1309, 1310-11 (11th Cir. 1998).
cited Cited as authority (rule) Daniel v. Chase Bank USA, N.A.
N.D. Ga. · 2009 · confidence medium
Co., 307 F.3d 1277, 1288 (11th Cir.2002) (citing Gianelli Money Purchase Plan & Trust v. ADM Investor Servs., Inc., 146 F.3d 1309, 1312 (11th Cir.1998)).
discussed Cited as authority (rule) Haworth v. Superior Court
Cal. Ct. App. · 2008 · confidence medium
(See Lucent Technologies Inc. v. Tatung Co. (2d Cir. 2004) 379 F.3d 24, 31 [assessing whether arbitrator's prior relationships provide evidence of partiality requires "weighing all the various interests at stake"]; Gianelli Money Purchase v. ADM Investor Services (11th Cir. 1998) 146 F.3d 1309, 1313 [whether arbitrator's prior relationships establish reasonable impression of partiality "ordinarily requires a fact-intensive inquiry"].) In cases in which a determination of duty involves such fact intensive issues, such as the degree of a relationship and its connection to the case, a deferential…
discussed Cited as authority (rule) New Regency Product v. Nippon Herald Films
9th Cir. · 2007 · confidence medium
We are aware of only one court of appeals that has adopted a per se rule that a finding of evident partiality is precluded by an arbitrator’s lack of “actual knowledge of the informa- tion upon which [an] alleged ‘conflict’ was founded.” Gia- nelli Money Purchase Plan & Trust v. ADM Investor Servs., Inc., 146 F.3d 1309, 1313 (11th Cir. 1998).
discussed Cited as authority (rule) New Regency Productions, Inc. v. Nippon Herald Films, Inc.
9th Cir. · 2007 · confidence medium
We are aware of only one court of appeals that has adopted a per se rule that a finding of evident partiality is precluded by an arbitrator’s lack of “actual knowledge of the information upon which [an] alleged ‘conflict’ was founded.” Gianelli Money Purchase Plan & Trust v. ADM Investor Servs., Inc., 146 F.3d 1309, 1313 (11th Cir.1998).
discussed Cited as authority (rule) RDC Golf of Florida I, Inc. v. Apostolicas
Fla. Dist. Ct. App. · 2006 · confidence medium
The party challenging the arbitration award must demonstrate that the undisclosed information creates a "reasonable impression of partiality," Lifecare, 68 F.3d at 433 (citation omitted), or put another way, "information which would lead a reasonable person to believe that a potential conflict exists." Gianelli Money Purchase Plan & Trust v. ADM Investor Servs., Inc., 146 F.3d 1309, 1312 (11th Cir. *1094 1998).
cited Cited as authority (rule) Wachovia Securities, LLC v. Vogel
Fla. Dist. Ct. App. · 2006 · confidence medium
Servs., Inc., 146 F.3d 1309, 1310 (11th Cir.1998).
discussed Cited as authority (rule) Offshore Marine Towing, Inc. v. MR23
11th Cir. · 2005 · confidence medium
STANDARD OF REVIEW This Court reviews an order that vacates or modifies an arbitration award “for clear error with respect to factual findings and de novo with respect to the district court’s legal conclusions.” Gianelli Money Purchase Plan & Trust v. ADM Investor Servs., Inc., 146 F.3d 1309, 1311 (11th Cir.1998). *1256 III.
discussed Cited as authority (rule) Power Services Associates, Inc. v. UNC Metcalf Servicing, Inc.
N.D. Ga. · 2004 · confidence medium
“The alleged partiality must be direct, definite and capable of demonstration rather than remote, uncertain and speculative.” Gianelli Money Purchase Plan & Trust v. ADM Investor Servs., Inc., 146 F.3d 1309, 1312 (11th Cir.1998) (citations omitted); see also Merit Insurance Co., 714 F.2d at 681 (“the circumstances must be powerfully suggestive of bias”).
discussed Cited as authority (rule) Joyner v. Raymond James Financial Services, Inc.
Ga. Ct. App. · 2004 · confidence medium
First Options of Chicago v. Kaplan, 514 U. S. 938, 947-948 (III) (115 SC 1920, 131 LE2d 985) (1995); Gianelli Money Purchase Plan & Trust v. ADM Investor Svcs., 146 F3d 1309, 1311 (II) (11th Cir. 1998).
cited Cited as authority (rule) William Riccard v. Prudential Insurance Company
11th Cir. · 2002 · confidence medium
Gianelli Money Purchase Plan and Trust v. ADM Investor Serv., Inc., 146 F.3d 1309, 1312 (11th Cir.1998).
examined Cited as authority (rule) University Commons-Urbana, Ltd., Capstone Development Corp., Plaintiffs-Counter-Defendants-Appellees v. Universal Constructors Inc., Reliance Insurance Company, Defendants-Counter-Claimants-Appellants. Universal Constructors Inc., Reliance Insurance Company v. University Commons-Urbana Capstone Development Corp., Its General Partner (3×)
11th Cir. · 2002 · confidence medium
Gianelli Money Purchase Plan and Trust v. ADM Investor Servs., 146 F.3d 1309, 1310-11 (11th Cir. 1998) (discussing the standard of review for orders confirming and negating arbitration awards).
examined Cited as authority (rule) University Commons-Urbana, Ltd. v. Universal Constructors Inc. (3×)
11th Cir. · 2002 · confidence medium
Gianelli Money Purchase Plan and Trust v. ADM Investor Servs., 146 F.3d 1309, 1310-11 (11th Cir.1998) (discussing the standard of review for orders confirming and negating arbitration awards).
examined Cited as authority (rule) Marie Anderson v. H & R Block (3×)
11th Cir. · 2002 · confidence medium
Gianelli Money Purchase Plan and Trust v. ADM Investor Servs., 146 F.3d 1309, 1310-11 (11th Cir. 1998) (discussing the standard of review for orders confirming and negating arbitration awards).
discussed Cited as authority (rule) Nationwide Mutual Insurance v. First State Insurance
D. Mass. · 2002 · confidence medium
Co., 278 F.3d 621, 626 (6th Cir.2002) (“The alleged partiality must be direct, definite, and capable of demonstration, and the party asserting evident partiality must establish specific facts that indicate improper motives on the part of the arbitrator.”); Gianelli Money Purchase Plan and Trust v. ADM Investor Servs., Inc., 146 F.3d 1309, 1312 (11th Cir.1998) (“The alleged partiality must be direct, definite and capable of demonstration rather than remote, uncertain and speculative.”); Peoples Sec.
Retrieving the full opinion text from the archive…
GIANELLI MONEY PURCHASE PLAN AND TRUST, Penelope Gianelli, Trustee, Plaintiffs-Appellees,
v.
ADM INVESTOR SERVICES, INC., Defendant-Appellant
97-2586.
Court of Appeals for the Eleventh Circuit.
Jul 22, 1998.
146 F.3d 1309
Thomas M. Knepper, Knepper & Gladney, Chicago, IL, for Defendant-Appellant., William M. Rishoi, Philip J. Synderburn, Winter Park, FL, for Plaintiffs-Appellees.
Carnes, Hull, Henderson.
Cited by 75 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 86%
Citer courts: Supreme Court of Alabama (1)
CARNES, Circuit Judge:

ADM Investor Services, Inc. (“ADM”) appeals the district court’s order vacating an arbitration award in its favor. The district court concluded that the arbitrator had displayed “evident partiality” because of past business contacts between his employer and ADM’s corporate representative at the arbitration. Because we hold that an arbitrator cannot be guilty of “evident partiality” ab[*1310] sent actual knowledge of a real or potential conflict, we conclude that the district court erred in vacating the arbitration award. Accordingly, we reverse the district court’s order and remand with instructions to grant ADM’s cross-petition for confirmation of the arbitration award.

I. BACKGROUND

ADM is a futures commission merchant licensed with the Commodity Futures Trading Commission (“CFTC”). Basic Commodities, Inc. (“Basic”) is also registered with the CFTC. In 1992, ADM and Basic entered into an agreement under which ADM executed commodities trades for customers brought in by Basic. The agreement contained an indemnity provision requiring Basic to indemnify and hold ADM. harmless for any damages it incurred because of losses suffered by Basie clients. Basic president Kent C. Kelley (“Kelley”) executed this agreement on behalf of Basic, and also personally guaranteed Basie’s contractual undertakings.

One of the clients that Basic brought to ADM was the Gianelli Money Purchase Plan and Trust, Penelope Gianelli, Trustee (“Gia-nelli”). Gianelli lost approximately $100,000 from November 1994 through July 1995 as a result of its investments in the futures markets. Gianelli claims that Kelley’s mismanagement of its account caused these losses. In an attempt to recoup its losses, Gianelli filed a claim against ADM with the American Arbitration Association (“AAA”). It sought to hold ADM liable on an agency theory, asserting that it was liable for the wrongdoings and mismanagement of Kelley, Basie’s president.

The parties jointly selected Keith Houck (“Houck”) as sole arbitrator. Houck has served as office manager for the law firm of Gray, Harris & Robinson (“Gray Harris”) since 1990. Immediately prior to the arbitration hearings, Gianelli discovered that Gray Harris had represented Kelley in a 1992 securities case, the Neilson case. When Gianelli asked about this, Houck asserted that he was unaware of the case, while Kelley assertéd (falsely) that Gray Harris’s representation of him was an isolated incident. In addition, Houck signed an Arbitrator’s Oath which stated that he had nothing to disclose. After receiving these assurances, Gianelli accepted Houck as the sole arbitrator. Houck conducted the arbitration hearings on January 25 and 26, 1996. Kelley was present throughout the hearing, and the district court found that Kelley was ADM’s corporate representative at the “mediation.” The proceedings were not recorded. On February 7, 1996, Houck rendered an award in favor of ADM, finding it not liable to Gianelli.

Gianelli contends that, after Houck rendered the decision in favor of ADM, it discovered Kelley had frequent contact with Gray Harris. In particular, Gray Harris helped Kelley form three companies and represented two others in 1976; the firm also represented Kelley as an individual from 1977 to 1986. On May 2, 1996, Gianelli filed this petition to vacate the arbitration award, contending that Houck, as an employee of Gray Harris, had displayed partiality to ADM. ADM subsequently filed a cross-petition to confirm the arbitration award. The matter was referred to a magistrate judge, who, after hearing oral argument, issued a Report and Recommendation recommending that the district judge grant Gianelli’s petition to vacate the arbitration award. The district court adopted that Report and Recommendation in its entirety, and vacated the arbitration award. ADM appeals.

II. STANDARD OF REVIEW

We have previously held that we review an order vacating an arbitration award de novo. See Robbins v. Day, 954 F.2d 679, 681 (11th Cir.1992). We justified that standard of review, which is more stringent than the abuse of discretion standard under which we reviewed orders confirming arbitration awards, by relying on the federal policy favoring arbitration and limited review of arbitral awards. See id. at 682. Since we issued our decision in Robbins, however, the Supreme Court has provided additional instruction about the proper standard that courts of appeals must use to review orders confirming or vacating arbitration awards. Of course, “[wjhere pri- or panel precedent conflicts with a subsequent Supreme Court decision, we follow the Supreme Court decision.” Cottrell v. Caldwell, 85 F.3d 1480, 1485 (11th Cir.1996); ac [*1311] cord, e.g., Lufkin v. McCallum, 956 F.2d 1104, 1107 (11th Cir.1992).

In First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 947, 115 S.Ct. 1920, 1926, 181 L.Ed.2d 985 (1995), the Court indicated that where the district court has confirmed an arbitration award, the appellate court must review the district court’s factual findings for clear error and its holdings of law de novo. Several other courts of appeals have concluded that First Options mandates the same standard whether the order being reviewed confirms or vacates the arbitration award. See, e.g., Wackenhut Corp. v. Amalgamated Local 515, 126 F.3d 29, 31 (2d Cir.1997) (“We review a district court decision upholding or vacating an arbitration award de novo on questions of law and for clearly erroneous findings of fact.”); Barnes v. Logan, 122 F.3d 820, 821 (9th Cir.1997) (“Appellate courts review the confirmation or vacation of an arbitration award like any other district court decision ... accepting findings of fact that are not ‘clearly erroneous’ but deciding questions of law de novo.”) (internal quotes omitted), cert. denied, — U.S. -, 118 S.Ct. 1385, 140 L.Ed.2d 645 (1998); Glennon v. Dean Witter Reynolds, Inc., 83 F.3d 132, 135 (6th Cir.1996) (“When reviewing a district court’s decision to vacate or confirm an arbitration award, we review findings of fact for clear error and questions of law de novo.”).

We also conclude that First Options requires us to apply the same standard of review to orders vacating arbitration awards as we apply to orders confirming arbitration awards. Three considerations that the Supreme Court identified in First Options compel that conclusion. First, the Court stated that “it is undesirable to make the law more complicated by proliferating review standards without good reasons.” First Options, 514 U.S. at 947, 115 S.Ct. at 1926. Second, the Court indicated that the policy considerations that work to create a presumption of validity for arbitration awards cannot be the basis for a two-tiered review system, depending on whether the district court confirmed or vacated the award. Specifically, the Court stated,“[T]he reviewing attitude that a court of appeals takes toward a district court decision should depend upon the respective institutional advantages of trial and appellate courts, not upon what standard of review will more likely produce a particular substantive result.” See id. (internal quotes omitted). That statement directly undercuts our position in Robbins that the policy favoring confirmation of arbitration awards justifies different standards of review depending on whether we are reviewing an order confirming or vacating an arbitration award. See Robbins, 954 F.2d at 682.

Finally, the Supreme Court stated that the policy giving arbitrators considerable leeway in their decision making does not mean that reviewing courts should give additional deference to district courts when they confirm arbitration awards. See First Options, 514 U.S. at 947, 115 S.Ct. at 1926. We cannot hold orders vacating an arbitration award to a stricter standard, because doing so would accord greater deference to orders confirming awards, and First Options prohibits that. Our Robbins decision and any others providing a dual standard of review for arbitration orders must yield to First Options. Accordingly, orders vacating arbitration awards, like orders confirming them, are to be reviewed for clear error with respect to factual findings and de novo with respect to the district court’s legal conclusions.

III. DISCUSSION

The Federal Arbitration Act (“FAA”) provides that a federal district court can vacate an arbitration award, but only in extremely narrow circumstances. See 9 U.S.C. § 10. One of the grounds the FAA expressly sanctions as a basis for vacating an arbitration award is partiality on the part of the arbitrators:

In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration—
(2) Where there was evident partiality or corruption in the arbitrators, or either of them.

9 U.S.C. § 10(a). The district court relied on that ground — evident partiality, not corruption — in vacating the arbitration award in this case. Specifically, it concluded that Kel[*1312] ley’s frequent business contacts with Gray Harris, Houck’s employer, would lead a reasonable person to conclude that Houck “was tainted with evident partiality.”

We begin our analysis by noting that the purpose of the Federal Arbitration Act was “to relieve congestion in the courts and to provide parties with an alternative method for dispute resolution that would be speedier and less costly than litigation.” O.R. Securities, Inc. v. Prof'l Planning Assocs., Inc., 857 F.2d 742, 745 (11th Cir.1988) (internal quotes omitted). Judicial review of arbitration awards is “narrowly limited,” and the FAA presumes that arbitration awards will be confirmed. See Davis v. Prudential Securities, Inc., 59 F.3d 1186, 1188 (11th Cir.1995). Therefore, the “evident partiality” exception is to be strictly construed, as it must be if the federal policy favoring arbitration, see, e.g., Booth v. Hume Publ’g, Inc., 902 F.2d 925, 932 (11th Cir.1990), is to be given full effect. The alleged partiality must be “direct, definite and capable of demonstration rather than remote, uncertain and speculative.” Middlesex Mut. Ins. Co. v. Levine, 675 F.2d 1197, 1202 (11th Cir.1982) (internal quotes omitted); see Scott v. Prudential Securities, Inc., 141 F.3d 1007, 1015 (11th Cir.1998).

In vacating the arbitration award in this case, the district court relied heavily on Schmitz v. Zilveti, 20 F.3d 1043 (9th Cir.1994). In that case, the Ninth Circuit found evident partiality where an arbitrator, who was also an attorney, did not investigate potential conflicts or disclose that his firm had performed legal work for one of the parties’ corporate parents. See id. at 1048. Schmitz held that the arbitrator’s failure to investigate could create a reasonable perception of partiality. See id. at 1048-49. [1]

The district court found Schmitz to be closely analogous to this case. In particular, the court noted that, as in Schmitz, the arbitrator (Houck) was employed by a law firm (Gray Harris) that had a long-standing relationship with someone closely connected to one of the arbitrating parties (Kelley). Furthermore, the district court reasoned that had Houck investigated possible conflicts of interest as Schmitz requires, he would have discovered the previous work that Gray Harris had performed for Kelley, and disclosure of that relationship would have afforded Gia-nelli a more informed basis upon which to decide whether to proceed with Houck as arbitrator. Therefore, the district court, following Schmitz, concluded that it should vacate the arbitration award.

The problem with the district court’s analysis, is that Schmitz conflicts with the law of this Circuit. In Lifecare Int’l, Inc. v. CD Medical, Inc., 68 F.3d 429 (11th Cir.1995), the arbitrator accused of “evident partiality” became “of counsel” to a law firm that had two contacts, with CD Medical, including one “for the purpose of obtaining representation in the instant dispute.” Id. at 434. This Court noted that even the most routine background check by the arbitrator would have brought this information to light. However, we also pointed out that there was no evidence that the arbitrator was actually aware of these past contacts. Because there was no evidence that the arbitrator had actual knowledge of the past contacts, we confirmed the arbitration award and rejected the proposition that the arbitrator had a duty to investigate the past contacts to avoid evident partiality. In the present case it was error for the district court to rely on Schmitz, because its holding that an arbitrator’s'failure to investigate past contacts with one of the parties may constitute “evident partiality” is squarely at odds with the position we took in Lifecare.

Instead of following Schmitz, the district court should have applied the law of our Circuit, which is that an arbitration award may be vacated due to the “evident partiality” of an arbitrator only when either (1) an actual conflict exists, or (2) the arbitrator knows of, but fails to disclose, information which would lead a reasonable person to believe that a potential conflict exists. See Lifecare, 68 F.3d at 433; Levine, 675 F.2d at 1202 (party challenging arbitration award[*1313] must establish reasonable impression of partiality that is “direct, definite and capable of demonstration rather than remote, uncertain and speculative.”) (internal quotes omitted). Whether these conditions have been met ordinarily requires a fact-intensive inquiry. See Lifecare, 68 F.3d at 435.

Performance of that inquiry here leads us to conclude that neither of the conditions for “evident partiality” exists in this case. The district court made a factual finding, supported by the evidence in the record, that Houck was not actually biased against Gia-nelli. Therefore, the first condition under which an award may be vacated for evident partiality, the existence of an actual conflict, was not present in this case.

As for the second condition, the district court did not expressly find that Houck was aware of Kelley’s involvement with Gray Harris with the exception of the Neilson case, and Houck became aware of that only when Gianelli informed him immediately pri- or to the arbitration hearings. Gianelli accepted Houck as an arbitrator with full knowledge of Gray Harris’ representation of Kelley in the Neilson case. Therefore, Houck’s knowledge of that connection cannot be the basis for a finding of “evident partiality.”

It is not entirely clear from the district court opinion whether it implicitly found that Houck was aware of any relationship Kelley had with Gray Harris other than the Neilson ease. However, if the district court did make such an implicit finding, that finding is clearly erroneous. All of Kelley’s contacts with Gray Harris, with the exception of the Neil-son case, pre-date Houck’s employment at the firm. There is nothing in the record to indicate that Houck knew of any connection between Kelley and Gray Harris prior to 1990, when Houck joined the firm. Although given abundant opportunity to do so, Gianelli, who has the burden of persuasion, has not pointed to any evidence suggesting that Houck was aware of any relationship between Kelley and Gray Harris other than the Neilson case. As a result, the only conclusion that the record will support is that Houck was unaware of any other relationship. Because Houck did not have actual knowledge of the information upon which the alleged “conflict” was founded, the second “evident partiality” condition is not present in this case.

We reverse the district court’s order vacating the arbitration award in favor of ADM and remand with instructions that the district court grant ADM’s cross-petition for confirmation of the arbitration award.

REVERSED and REMANDED.

1

. We note that although Schmitz cites to our decision in Middlesex Mutual Ins. Co. v. Levine, 675 F.2d 1197, 1202 (11th Cir.1982), it does so only for the proposition that "[s]ome courts have considered an arbitrator’s lack of knowledge as a factor in determining whether evident partiality was present.” Schmitz, 20 F.3d at 1048.