Category: Arbitration: Costs

Arbitration/Scope/Costs: Arbitrator’s Failure To Declare Prevailing Party And Denial Of Statutory Costs To Winner No Ground For Reversal

March 23, 2013 · Arbitration: Costs, Arbitration: Scope

Arbitration, Law, and Equity Our next case reminds me of a hoary legal story. Clarence Darrow handles a legal matter for William Randolph Hearst, and telegrams him: “Justice has prevailed.” Hearst’s reply: “Appeal immediately!” Appealing an arbitration result is often a long shot, because arbitration is more geared to equity and finality than […]

Arbitration/Costs/Deadlines/Scope/Section 998: Second District, Div. 2, Affirms Trial Court’s Denial of Costs

March 4, 2012 · Arbitration: Costs, Arbitration: Deadlines, Arbitration: Scope, Arbitration: Section 998 (Settlements)

Look to the Scope of the Arbitration Provision to Determine Whether Costs Need to Be Addressed by the Arbitrator or the Court The plaintiff, a patient alleging malpractice, suing through his guardian ad litem, lost a first arbitration against a doctor. Unfortunately for the doctor, his party arbitrator had an ex parte contact […]

Arbitration/Stay: Inability to Pay Costs of Arbitration Not Good Enough Reason to Lift Stay of Lawsuit

February 25, 2012 · Arbitration: Costs, Arbitration: Stay, Arbitration: Vestigial Powers

Vestigial Powers of Court Following Stay Leave It Without Power to Lift Stay Under the Circumstances MKJA sued 123 Fit Franchising alleging that it had been fraudulently induced to enter into franchise agreements. The defendant commenced arbitration in Colorado pursuant to an arbitration, and sought a stay in California of the lawsuit pursuant […]