PRETRIAL ADJUDICATION
...Contract Arbitration
......Procedure Enforcing/Attacking Award
.........Appeal
 10 Cards On This Topic:
  • By seeking to confirm (and affirm) an open-ended first award, D effectively consented to further arbitration on unresolved issues and trial ct. properly affirmed 2d award for Ps.
  • As trial court lacked jurisdiction to entertain Ps' motion to compel review by 2d arbitrator (already provided for in arb agreement), it had no jurisdiction to find Ps waived right.
  • AAA immune under common law from liability for allegations of bias and refusal to stay arbitration proceedings.
  • P’s appeal of arbitration award sanctionable as without merit and pursued solely to delay enforcement of judgment against P in unlawful detainer action re property at issue.
  • D has right to appeal arbitration award as aggrieved party under Code Civ. Proc. §902 where P's attempts to compel further arbitration resulted in immediate adverse impact on D.
  • Court has no authority to review appeal from an order confirming arbitration award of attorney's fees.
  • P could not attack arbitration award where it accepted its benefits, failed to file petition to vacate or correct it, and then petitioned to confirm it.
  • Appeal of judgment confirming arbitration award must be dismissed where merits of C/As unresolved and no final judgment.
  • Arb. award subject to judicial review only under Code Civ. Proc. §1286.2 and Code Civ. Proc. §1286.6, even when error is on face of award and substantial injustice results.
  • May not appeal from denial of petition to vacate or correct arbitration award, nor from order to compel arbitration, where no final judgment.


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