Category: Arbitration: Vestigial Powers

Fees Allowed For Successful Petition To Appoint New Arbitrator In Existing Arbitration

April 14, 2026 · Arbitration: Fees, Arbitration: Jurisdiction, Arbitration: Vestigial Powers

Appointment of the Arbitrator Was a Final Judgment Here. The procedural facts in Barbanell v. Lodge, D084193 (4th Dist. Div. 1 pub. 1/8/26) are unusual. The parties had reached an earlier settlement agreement concerning a long-running water rights dispute. The agreement had a heirarchical settlement procedure — negotiate, mediate, then arbitrate. Barbanell initiated an arbitration. […]

Choice of Law; Delegation: Delegation Clause And Agreement Arbitration Disabling Application Of California Law In Employment Dispute Are Found To Be Substantively Unconscionable

July 5, 2015 · Arbitration: Choice of Law, Arbitration: Class, Arbitration: Delegation, Arbitration: Employment, Arbitration: Public Policy, Arbitration: Unconscionability, Arbitration: Vestigial Powers

“Exotic” Choice Of Law Clause Is The Key To This Case. Stained glass in Neiman Marcus store, San Francisco. Carol M. Highsmith, photographer. 2012. Library of Congress. Neiman Marcus drafted an ingenious choice of law clause that the First District, Division Four, describes as “exotic” – perhaps a euphemism for “too clever by […]

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 […]