PRETRIAL ADJUDICATION
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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.