No. 04-11432.

436 F.3d 495 (2006)

POSITIVE SOFTWARE SOLUTIONS, INC., Plaintiff-Appellee, v. NEW CENTURY MORTGAGE CORPORATION, New Century Financial Corporation, Econduit Corporation, The Anyloan Company, Jeff Lemieux, Frank Nese, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 11, 2006.

Attorney(s) appearing for the Case

Michael W. Shore (argued), Shore Chan, Alfonso Garcia Chan, Akin, Gump, Strauss, Hauer & Feld, Dallas, TX, for Plaintiff-Appellee.

Sharon N. Freytag, Robin P. Hartmann, Ronald Wayne Breaux, Anne M. Johnson (argued), Haynes & Boone, Ophelia S. Camina, Kenneth E. Gardner, Susman Godfrey, Dallas, TX, for Defendants-Appellants.

Peter S. Vogel, Gardere Wynne Sewell, Dalls, TX, for Lemieux and Nese.

Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.

REAVLEY, Circuit Judge:

The question here is whether an arbitrator's failure to disclose that seven years before the arbitration, he and his former law firm were co-counsel in a lengthy litigation matter with one of the law firms and counsel in this matter, justifies vacating the award. We hold that the arbitrator was required to disclose the relationship because it might have created an impression of possible bias, and we affirm the district court's judgment vacating...

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