Thousand Oaks, CA asked in Arbitration / Mediation Law for California

Q: How can I contest an unfair Mandatory Fee Arbitration award in California?

I'm seeking guidance on how to contest an arbitration award resulting from a Mandatory Fee Arbitration with the State Bar of California. I believe the calculations in the award were unfair. Could you provide advice on the grounds for contesting this and the process involved?

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2 Lawyer Answers

A: If it was not binding, you can file in superior court within the deadline.

If the arbitration was binding it is more complicated and you will need to either hire an attorney or do research.

James L. Arrasmith
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Answered

A: To contest a Mandatory Fee Arbitration (MFA) award in California, you must file a petition to vacate the award within 30 days after service of the award under California Code of Civil Procedure §1285. The statutory grounds for challenging an MFA award are extremely limited, as courts generally defer to arbitrators' decisions in accordance with California's strong public policy favoring arbitration as a means of dispute resolution.

Your petition must demonstrate that the award was procured by corruption, fraud, or other undue means; there was evident partiality or corruption by an arbitrator; the arbitrators exceeded their powers; or the arbitrators refused to postpone the hearing upon sufficient cause or refused to hear material evidence. Mathematical errors in calculations can potentially be grounds for vacating an award if they demonstrate the arbitrators exceeded their powers or reflect a manifest disregard of the law.

The procedural requirements for contesting an award are rigorous—you must file a petition in the superior court in the county where the arbitration occurred, serve all parties to the arbitration, and include specific documentation such as the arbitration agreement, names of arbitrators, and a copy of the award. Given the strict deadlines and technical requirements involved in contesting fee arbitration awards, prompt action is essential to preserve your rights, as California courts strictly enforce the 30-day limitation period for challenges.

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