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Castro v. Tri Marine Fish Co
A settlement agreement and confirming order do not constitute an arbitral award under the New York Convention and Convention Act simply because they are signed in the presence of an arbitrator.
Arbitration 9th Apr. 16, 2019
Castro v. Tri Marine Fish Co.
A settlement agreement and confirming order do not constitute an arbitral award under the New York Convention and Convention Act simply because they are signed in the presence of an arbitrator.
Arbitration 9th Feb. 28, 2019
Correia v. NB Baker Electric, Inc.
'Iskanian,' not 'Epic,' binds California intermediate appellate courts on the issue of whether governmental disputes, including PAGA claims, are subject to the Federal Arbitration Act.
Arbitration 4DCA/1 Feb. 26, 2019
Vasquez v. San Miguel Produce, Inc.
An agency or similar relationship, such as being co-employers, between the nonsignatory and one of the parties to an arbitration agreement allows enforcement of the arbitration agreement by the nonsignatory.
Arbitration 2DCA/6 Feb. 1, 2019
Aspic Engineering and Construction v. ECC Centcom Constructors
Where arbitrator's award 'fails to draw its essence from' underlying parties' agreement as to conditional construction subcontracts in Afghanistan, vacatur proper.
Arbitration 9th Jan. 29, 2019
New Prime Inc. v. Oliveira
A court should decide whether the Federal Arbitration Act's Section 1 "contracts of employment" exclusion applies before invoking the statutory powers of the Act to stay litigation and compel arbitration.
Arbitration USSC Jan. 16, 2019
Henry Schein, Inc. v. Archer & White Sales, Inc.
Where parties contract to have arbitrator decide threshold arbitrability question, court 'possesses no power to decide' said question, even where it believes motion for arbitration is 'wholly groundless.'
Arbitration USSC Jan. 9, 2019
Stevens v. Jiffy Lube Int'l
Federal Rule of Civil Procedure 6(a) governs how to calculate the Federal Arbitration Act's three-month filing deadline; thus, appellants were one day late in filing their petition to vacate the arbitral award.
Arbitration 9th Dec. 28, 2018
Howard v. Goldbloom
Arbitration is not proper when a dispute is based on obligations independent and outside the scope of an employment relationship; thus, parties' dispute not subject to arbitration.
Arbitration 1DCA/4 Dec. 26, 2018
Local Joint Exec. Bd. v. Mirage Casino-Hotel
Whether a collective bargaining agreement creates a duty for the parties to arbitrate a particular grievance, is a question for judicial determination unless the parties 'clearly and unmistakably provide otherwise.'
Arbitration 9th Dec. 14, 2018
Modification: Ramos v. Superior Court
Arbitration agreement unconscionable under minimum requirements of 'Armendariz v. Foundation Health Psychcare Services, Inc.' because it limited employee's remedies and provided that employee must bear half the costs of arbitration.
Arbitration 1DCA/1 Nov. 30, 2018
Ramos v. Superior Court
Arbitration agreement unconscionable under minimum requirements of 'Armendariz v. Foundation Health Psychcare Services, Inc.' because it limited employee's remedies and provided that employee must bear half the costs of arbitration.
Arbitration 1DCA/1 Nov. 6, 2018
O'Connor v. Uber
District court's denial of Uber's motion to compel arbitration was reversed; the question of arbitrability was designated to the arbitrator.
Arbitration 9th Sep. 26, 2018
Branches Neighborhood Corp. v. CalAtlantic Group, Inc.
When the Covenants, Conditions and Restrictions of an association require consent to file a claim, public policy requires the court to follow its plain language; thus the arbitrator did not exceed its powers.
Arbitration 4DCA/3 Aug. 28, 2018
Fuentes v. TMCSF, Inc.
A trial court properly denied a motion to compel arbitration, where the moving party was not a signatory to the agreement which contained the arbitration provision at issue.
Arbitration 4DCA/2 Aug. 27, 2018
Maplebear v. Busick
Partial final arbitration award that speaks to preliminary issue but 'leaves unanswered almost every question' raised in arbitration demand is not an 'award' on which superior court can act.
Arbitration 1DCA/2 Aug. 23, 2018
Honeycutt v. JPMorgan Chase Bank, N.A.
Arbitrator's failure to disclose numerous matters with one of the parties' during the pendency of an arbitration requires reversal.
Arbitration 2DCA/7 Aug. 6, 2018
Munro v. University of Southern California
Denial of motion to compel arbitration affirmed where action’s claims are brought on behalf of ERISA plans and therefore do not fall within scope of arbitration agreement.
Arbitration 9th Jul. 25, 2018
Williams v. Atria Las Posas
Denial of motion to compel arbitration based on dispositive integration clause in agreement signed before arbitration agreement reversed and remanded where former agreement is not intended as parties’ final, complete agreement.
Arbitration 2DCA/6 Jul. 2, 2018
Smythe v. Uber Technologies Inc.
Uber driver who also drove for ride-share competitor Lyft not bound by arbitration agreement signed with company when bringing action in his capacity as a Lyft driver.
Arbitration 1DCA/3 Jun. 11, 2018
Epic Systems Corp. v. Lewis
Federal Arbitration Act trumps savings clause and National Labor Relations Act, requiring enforcement of arbitration agreements, including terms requiring individualized proceedings.
Arbitration USSC May 22, 2018
Benaroya v. Willis
Arbitrator may not join nonsignatory of arbitration contract to arbitration proceedings absent a prior judicial ruling approving such.
Arbitration 2DCA/4 May 18, 2018
Weiler v. Marcus & Millichap Real Estate Investment Services
When a party has engaged in arbitration in good faith, but can no longer afford to continue in such a forum, said party may seek relief from in superior court.
Arbitration 4DCA/3 May 2, 2018
EHM Productions, Inc. v. Starline Tours of Hollywood, Inc.
Incremental cost and fee award process not inappropriate in arbitration action, where not all issues may be resolved at time of initial, partial award.
Arbitration 2DCA/2 Mar. 30, 2018
Khorsand v. Liberty Mutual Fire Insurance Co.
Appraiser's declaration admissible under 'Cobler' to determine whether award procured by fraud or other undue means
Arbitration 2DCA/4 Mar. 2, 2018
Avila v. Southern California Specialty Care, Inc.
A claimant alleging wrongful death due to neglect under the Elder Abuse Act is not subject to arbitration requirements under MICRA
Arbitration 4DCA/1 Feb. 28, 2018
Muro v. Cornerstone Staffing Solutions
Order denying motion to compel arbitration affirmed where Federal Arbitration Act is inapplicable to transportation worker employment agreement to waive class actions and applicable state law deems waiver unenforceable.
Arbitration 4DCA/1 Feb. 26, 2018
Douglass v. Serenivision, Inc.
Party clearly, unmistakably consents to arbitration where party willfully participates in proceeding without objection, asks arbitrator to issue order, and tries to rescind participation after arbitrator denies request.
Arbitration 2DCA/2 Feb. 12, 2018
Sanchez v. Elizondo
Arbitration award should not be vacated by district court unless it is completely irrational.
Arbitration 9th Jan. 8, 2018
Vividus LLC v. Express Scripts Inc.
The Federal Arbitration Act does not grant arbitrators the power to compel third parties to produce documents prior to an arbitration hearing.
Arbitration 9th Dec. 22, 2017