Pitcairn Properties, Inc. v. LJL 33rd Street Associates, LLC

Whether this Court should adopt a per se rule providing that an arbitrator commits "misconduct . . . in refusing to hear evidence pertinent and material to the controversy" within the meaning of Section 10(a)(3) of the Federal Arbitration Act when an arbitrator excludes the sole relevant and non-cumulative evidence in support of a fact material to the controversy, without a need for the party to show prejudice or bad faith.