PRETRIAL ADJUDICATION
...Contract Arbitration
......Ethical Standards; Arbitral Immunity
5 Cards On This Topic:
  • 9th Cir vacates dist. court judgment dismissing lawsuit concerning CA's more comprehensive ethical standards for commercial arbitrators; appeal moot under Grunwald and Jevne.
  • CCP 1281.85(a) authorized JC to adopt ethics standards for arbitrators appointed by providers like NASDDR, but SEA preempts 1281.85(a) and Cal. Standards for NASDDR-administered arbitration.
  • Where alleged claims of misconduct all arose out of conflict of interest disclosure procedure, an integral part of arbitration, arbitrator and AAA protected by common law arbitral immunity for quasi-judicial acts.
  • As arbitrator determines what issues are arbitrable, per JAMS rules, Court of Appeal deferred to A's determination that the issue of joint and several liability was arbitrable; suit against A barred by arbitral immunity.
  • Arbitrator may not withdraw from arbitration for no ethical reason following evidence and argument, offer to continue mediation but refuse to render arbitration award.