Close

Articles Posted in arbitration

Updated:

An Attorney Cannot Agree to a California Arbitration on Behalf of the Client, But the Client Can Game the System If He Does (and the client loses the Arbitration)

In a recent case a husband and wife sold property to plaintiffs, who sued for misrepresentation. (There was no indication in the court’s opinion whether they had used a C.A.R. contract and initialed the arbitration provision.) Both parties attorneys and the judge signed a stipulation and order for arbitration and…

Updated:

Arbitrator’s decision Reversed By Court- a Miracle, or Business as Usual?

I have noted in two prior blogs that Arbitrators have nearly unlimited discretion to make mistakes and not follow the law, and their mistakes are protected by the courts.  In a recent California case, buyers bought a house and learned that the pool and fence encroached on neighboring property.  Claiming…

Updated:

Arbitration Becomes More Dangerous- an obvious error is not enough for Court intervention

I have noted in a prior post how difficult it is to have a court review legal errors in an Arbitrator’s decision. A recent Federal Court Ninth Circuit decision nails the coffin closed under the Federal Arbitration Act. The FAA provides that a court may vacate an award “where the…

Contact Us