Los Angeles, CA asked in Arbitration / Mediation Law for California

Q: Is there any way to appeal a decision by an arbitrator?

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3 Lawyer Answers
Steve A. Buchwalter
Steve A. Buchwalter
PREMIUM
Answered
  • Arbitration & Mediation Lawyer
  • Encino, CA
  • Licensed in California

A: If certain narrow conditions are met, an arbitration award can be vacated or corrected by a court. If a court refuses to vacate or correct the award, the court's decision can be appealed. Act fast, you generally have around 3 months to file and serve the correct papers.

N. Munro Merrick
N. Munro Merrick
Answered
  • Arbitration & Mediation Lawyer
  • Del Mar, CA
  • Licensed in California

A: Only if the arbitrator did something improper, concealed a conflict of interest or bias, lied, etc. If you were prevented from presenting relevant facts or arguments. See Cal Code of Civil Procedure Sections 1285 - 1288.8. The decision itself cannot be the subject of a complaint, such as, he did not follow the law. You would have the burden of proof that there was some improper action and that you were prejudiced by that action.

Steep hill to climb. Arbitration is favored by the courts.

Robert D. Kreisman
Robert D. Kreisman
PREMIUM
Answered

A: No, as long as the parties have agreed to the arbitration as binding. Some arbitrations are nonbinding, but the agreement would have to be specific on that point. Nonbinding arbitrations are often referred to as mediations.

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