PRETRIAL ADJUDICATION
...Contract Arbitration
......Modify/Vacate Award: Other Bases & Issues
.........Refusal to Hear Evidence
5 Cards On This Topic:
  • ••Substantial•• prejudice resulting from refusal to postpone or to hear evidence material to controversy or other conduct is basis to vacate.
  • Arbitrators' refusal to hear D's evidence and allow cross-examination deprived her of a fair hearing and substantially prejudiced her rights within the meaning of CCP §1286.2.
  • Arb award properly vacated where arbitrator excluded material evidence showing the problem had been fixed and there were no damages.
  • Problems with counsel beginning long before hearing date do not mandate postponement.
  • Refusal to postpone justified where hearing extends for extended period.