CALIFORNIA FAMILY LAW
...
Procedure Before Trial/Hearing
......Arbitration
19 Cards On This Topic:
Tolling of statute of limitations by arbitration agreement.
Where total value of c/p is $50,000 or less, court may order arbitration.
To be to be admissible under EC 1123 (b), arbitration clause in mediation settlement memo must be signed by the parties and include a direct statement to the effect that it is enforceable or binding.
Under CCP §1281.97(a)(1), D was in material breach of the arbitration agrmt even though its delay in payment was brief and no prejudice to P; statute not preempted by FAA.
Agent's authority to make "health care decisions" on principal's behalf under advance directive does not include executing optional arbitration agreements.
If the party that drafted the arbitration agreement fails to pay their share of the fees timely, the court may refuse to compel arbitration.
To DQ an arbitrator, a party must object at the earliest practicable opportunity after discovery of the facts constituting the ground for disqualification, even if during the proceeding.
Options if parties to mandatory arbitration agreements cannot pay their share of fee.
If a party does not speak or understand English sufficiently to comprehend a contract in English, it is incumbent upon the party to have it read or explained to him.
Judicial review of an arbitration award is extremely limited.
An arbitrator has the authority to find the facts, interpret the contract, and award any relief rationally related to his or her factual findings and contractual interpretation.
Parties cannot contract away CA's statutory arbitration protections, including mandatory disqualification of a proposed arbitrator upon a timely demand.
Arbitrators are not required to disclose facts about their backgrounds that are not relevant to the issues before them.
The failure to initial a clear term in a contract does not affect the enforceability of that provision.
Error not to vacate arbitration award where plaintiff showed that arbitrator failed to disclose he was the neutral in four cases involving defendant's counsel.
By seeking to confirm open-ended 1st award which mainly decided c/p or s/p nature of corporate note, D effectively consented to further arbitration on unresolved issues and trial court properly affirmed 2d award for Ps.
Parties to dissolution action may submit matter to binding nonjudicial arbitration; procedures.
Court can't enter judgment confirming arbitration award re marital property rights w/out good cause finding no final declarations necessary, parties complied with FC §2106, or written waiver/stip.
Arbitration of attorney fee disputes and malpractice claims.