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California Court of Appeal


Comerica Bank v. Howsam, B232749

Following an international commercial arbitration awards in favor of a bank and against defendants in connection with loans to fund production of films, trial court's refusal to vacate the awards and order confirming them is affirmed where: 1) although the issue of whether the arbitrator's failure to timely disclose an alleged disqualifying factor enumerated in section 1297.121 may be raised on direct appeal after a vacatur motion is denied, the failure to timely disclose potential disqualifying circumstances, as required by sections 1297.121 and 1297.123, is not a ground for vacatur under section 1286.2(a)(6) in international commercial arbitrations conducted under section 1297.111; 2) the arbitrator's billing errors did not result in an award secured by corruption, fraud or other undue means; 3) the award did not result from a manifest disregard of the law; and 4) the arbitrator did not exceed his power when he decided alter ego issues.

Appellate Information

  • Decided 08/20/2012
  • Published 08/20/2012

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  • California Court of Appeal

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