PRETRIAL ADJUDICATION
...Judicial Arbitration
......Overview
.........Contract Arb Distinguished
 15 Cards On This Topic:
  • Judicial and private contract arbitration are mutually exclusive and independent of one another.
  • Written agreement to submit to arbitration is valid, enforceable and irrevocable, except as revocable under contract.
  • Contract arbitration awards are binding.
  • Contract arbitration governed by independent statutory scheme.
  • Judicial arbitration not dependent on K, but may be stipulated to or elected.
  • Judicial arbitration not dependent on K, but may be ordered in certain courts
  • No requirement UM issues may be resolved only by means of contract arb; parties may choose to litigate or divert to judicial arbitration—differences discussed.
  • Differences between judicial and contractual arbitration.
  • Differences between judicial and contractual arbitration—finality of award.
  • Ambiguity as to judicial or contractual nature of arbitration agreement did not extend to waiver of right to appeal; broad language constituted clear, express waiver.
  • Differences between judicial and contractual arbitration discussed.
  • Stip. for binding arbitration "something of a hybrid," legally seen as agreement for private, general arbitration, or as agreement for judicial arbitration.
  • In contractual arbitration cases, trial court cannot utilize discretionary dismissal statutes but can in judicial arbitration cases.
  • In interpreting stip for binding arbitration, court construes terms per rules of contract; parties' intent and wording of stip here indicate judicial, not contract arbitration.
  • Stip to binding arbitration independently enforceable and court may order under Code Civ. Proc. §1281.


    •