California Mediation and Arbitration

Category: Arbitration: Fees

Arbitration/Arbitrator’s Fees/Appealability: Second District, Division One, Affirms Order Denying Petition to Confirm Arbitration Award Following Upon Failure of a Party to Pay Fees in Arbitration

February 29, 2012 · Arbitration: Appealability, Arbitration: Fees

  Failure of Party to Pay Fees Here Resulted in Termination of Arbitration, and Case Bouncing Back to the Trial Court      The next case grabbed Marc’s attention, because it involved a situation he has had to confront in arbitration: what to do when a party refuses to pay its share of arbitration fees. The […]

Enforceability/Mandatory Fee Arbitration/Fee Dispute/Standard of Review: Binding Fee Arbitration Under the Mandatory Fee Arbitration Act is an Oxymoron and Resulting Award is Unenforceable

February 25, 2012 · Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Fees, Arbitration: MFAA, Arbitration: Unconscionability

    Arbitration Agreement Containing Inconsistencies Between California Arbitration Act (CAA) and Mandatory Fee Arbitration Act (MFAA) is Interpreted Against the Law Firm That Drafted It      “The fundamental problem in this case . . . arises from an internal inconsistency in the arbitration clause, which states that “[a]ny dispute pertaining to the fees owed […]