California Court of Appeal

Trial court order granting defendants' petition to disqualify the arbitrator and vacate an interim award is affirmed where: 1) substantial evidence supported a finding that disclosure of the arbitrator's and his law firm's ties to plaintiffs' insurer could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial within the meaning of section Code of Civil Procedure section 1281.9(a); and 2) the statutory right to petition a trial court to vacate an arbitration award based on an arbitrator's failure to make required disclosures cannot be waived by the AAA rule stating its determinations regarding disqualification are conclusive.

Appellate Information

• Decided 03/03/2008
• Published 03/03/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Patrick K. Moore Law Corporation, Patrick K. Moore;  Snell & Wilmer and Richard A. Derevan, Costa Mesa, for Plaintiffs and Appellants.


• For Appellees:
  
• Cummins & White and Annabelle M. Harris, Newport Beach, for Defendants and Respondents.