Category: Arbitration: Section 1286.2 Vacatur

Arbitration/Appealability/Vacatur/FAA/Class Action: Ninth Circuit Holds Non-Appealability Clause Relating To Arbitration Award Allocating Fees Among Class Counsel Attorneys Runs Afoul Of the Federal Arbitration Act

December 18, 2013 · Arbitration: Appealability, Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Section 1286.2 Vacatur

At Stake: Allocation of $28M in Attorney’s Fees Among Plaintiffs’ Attorneys in Wal-Mart Wage and Hour Litigation The scenario: Plaintiffs’ class counsel prosecute wage and hour class action against Wal-Mart, plaintiffs’ counsel quarrel concerning proper allocation of $28M fee award, and the fee dispute is submitted to “binding, non-appealable arbitration” before an eminent arbitrator, […]

Arbitration/Disclosures/Vacatur//Waiver: Fifth District Holds That Arbitrator’s Adverse Relationship In Litigation With Law Firm Representing Losing Party In Arbitration Did Not Require Vacating The Award Here

November 12, 2013 · Arbitration: Disclosures, Arbitration: Section 1286.2 Vacatur, Arbitration: Section 1286.6 Correction by Court, Arbitration: Waiver

The Purported Conflict Did Not Come Within Any Of Those Specifically Listed Matters That Must Be Disclosed Plaintiff Diamond Manufacturing & Engineering Co. (Diamond) obtained a favorable arbitration award against defendant Equipment Parts Wholesale, LLC (EPW). When Diamond petitioned the trial court to confirm the award, EPW requested – unsuccessfully – that the […]

Arbitration/Vacatur: Second District, Division 7 Refuses To Vacate $26.8 Million Arbitration Award

November 1, 2013 · Arbitration: Section 1286.2 Vacatur

Quarrel With Arbitrator’s Reasoning And Conclusion Provides No Grounds For Reversing Trial Court’s Order Affirming Arbitration Award Following a failed real estate investment, HCR Moorpark Investors, LLC obtained an order confirming a $26.8 million arbitration award in its favor. With so much at stake, it is not surprising that defendants appealed, but the case […]

Arbitration/1286.2 Vacatur: Second District, Div. 2 Affirms Judgment Confirming Arbitration Award in Attorney-Client Fee Dispute

January 8, 2013 · Arbitration: Fees, Arbitration: Public Policy, Arbitration: Section 1286.2 Vacatur

“Manifest Disregard of the Law” Doctrine Inapplicable to Arbitrator’s Decision Concerning Attorney’s Fees Dispute Between Law Firm and Client Appellant Fuchs & Associates, Inc. (Law Firm) sued former client, Elke Lesso, for unpaid attorney’s fees of $647.688.13. An arbitrator found Law Firm was not entitled to recover additional fees, and its attorney fee lien […]

Scope of Arbitrator’s Power: Arbitrator Did Not Exceed Scope of His Power When He Denied A Motion For An Uncontested Arbitration

January 8, 2013 · Arbitration: Scope, Arbitration: Section 1286.2 Vacatur

Result Is Dictated By Stipulation to Arbitrate, Weak Record, and Failure To Object Earlier Wheel of Fortune. Carol M. Highsmith, photographer. Between 1980 – 2006. Library of Congress. Plaintiff Jin Gang Zhao was on a bus headed to a casino, when a bus accident occurred, he fell to the floor, and injured his back. […]

Arbitration/Vacatur: “Manifest Disregard Of The Law” Is Manifestly Not A Ground For Vacating Arbitration Award Under California Law

August 24, 2012 · Arbitration: Rules, Arbitration: Scope, Arbitration: Section 1286.2 Vacatur

Second District Division 2 Concludes That Arbitrator Did Not Disregard Choice Of Law Provision Roller Bearing Company of America (RBC) manufacturers roller bearing assembly parts and Honeywell International use them in engines it manufacturers. Roller Bearing Company of America, Inc. v. Honeywell International, Inc., Case No. BS127074 (2nd Dist. Div. 2 August 23, […]

International Arbitration/Disclosures: Second District Division 5 Affirms Orders In International Arbitration Denying Vacatur Motion and Confirming Award and Judgment

August 21, 2012 · Arbitration: Appealability, Arbitration: Disclosures, Arbitration: International, Arbitration: Section 1286.2 Vacatur

California’s Code of Civil Procedure Provisions Governing International Arbitration Differ From Ordinary Domestic Arbitration Provisions With this post, we inaugurate a new sidebar category: “Arbitration: International.” Comerica Bank v. Howsam, et al. Case No. B232749 (2nd Dist. Div. 5 August 20, 2012) (Turner, P.J., author)(partially published) involves appeals from orders confirming three […]