Category: Arbitration: Section 1286.6 Correction by Court

Arbitration/Deadline/Delegation/Vacatur: Fourth District, Div. 1 Affirms Trial Court’s Order Denying Plaintiffs’ Motion To Vacate Award Because Parties Agreed Arbitrators Could Decide Whether The Arbitration Was Timely — Or Not

April 8, 2014 · Arbitration: Deadlines, Arbitration: Delegation, Arbitration: Section 1286.2 Vacatur, Arbitration: Section 1286.6 Correction by Court

Arbitrators Acted Within Their Powers, So It Didn’t Change Results Even If They Erred In the underlying dispute, Plaintiffs obtained a substantial award of $150,000 compensatory and $302,784 in punitive damages, blown out when the Court of Appeal ruled that the dispute, related to lease provisions, was subject to arbitration. Defendants then moved, successfully, […]

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/Costs/CCP 1286.6: Sixth District Reverses Costs Award for Arbitration, But Remands to Allow Trial Court to Determine Costs Incurred To Judicially Confirm Arbitration Award

May 19, 2013 · Arbitration: Costs, Arbitration: Section 1286.6 Correction by Court

Both Sides Wanted To Correct Cost Award That Couldn't Be Corrected As with our immediately preceding post of May 19, 2013 on De Sena v. Richert, the issue here is whether cost issues should be presented to the trial judge or to the arbitrator. At arbitration, Plaintiffs were awarded $1,092,797, plus "costs in […]