Law360, New York ( February 8, 2016, 3:09 PM EST) -- After an arbitration has concluded and there is a prevailing party and a losing party, the latter may identify an issue or perceived conflict with one or more of the arbitrators and move to vacate the arbitration award on that basis. At that point, the award has already been issued, and the time and expense of the arbitration has been incurred. What about a perceived conflict that is identified at the time of the appointment of the arbitrator, however? Usually, courts will not entertain challenges to arbitrators until the arbitrators have issued a decision. Accordingly, where a perceived conflict is identified early in the process, a party may consider asking the arbitral forum that is overseeing the arbitration — like the American Arbitration Association ("AAA"), JAMS or the Financial Industry Regulatory Authority — to consider the conflict and determine whether it is appropriate for the arbitrator to serve on the arbitration panel....