After six years of litigation, the California Supreme Court denied review of a Court of Appeal decision that affirmed an arbitration award issued in favor of the employer in a hard-fought wrongful termination, associational discrimination and retaliation lawsuit brought by a former restaurant server. The primary issue was the scope of review of an arbitrator’s award by either the arbitrator or a trial court. The decision affirms that California courts should take a deferential approach to review final, binding arbitration awards and that arbitrators themselves are restricted in modifying their own awards once issued…
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In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about drafting Arbitration Clauses, especially in a digital world and faced with the complexities...
By Julie Hopkins, Amy Schmitz, Rachel Goedken, Linda MichlerThis article was first published in the Arbitration Matters Blog, here. “Out here, due process is a bullet”, said John Wayne’s Col. Kirby in The Green Berets. Due process. Procedural fairness....
By Myriam SeersThis article first appeared on the Thomson Reuters Practical Law Arbitration Blog, here. Arbitrators are inevitably bound by a duty of impartiality, whether that arises from of article 12 of the UNCITRAL...
By Frederico Singarajah
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