Arbitration: Unavailability of Arbitrator Means Petitioner Couldn’t Be Compelled to Arbitrate

Missing You: Availability of Arbitrator Was a Material Factor or Consideration Relating to Petitioner’s Agreement to Submit to Arbitration

     Here, the petitioner agreed to arbitrate with a particular arbitrator who turned out to be unavailable. Nevertheless, the Superior Court of San Bernardino County compelled arbitration. The petitioner sought a writ to vacate the order of the Superior Court. Curtis v. Superior Court of San Bernardino [Coachmen Recreational Vehicle Company, et al., Real Parties in Interest], Case No. E054779 (4th Dist. Div. 2 January 23, 2012) (not to be published in official reports) (Codrington, Acting P.J.).
     The Court of Appeal issued a peremptory writ directing the Superior Court to vacate its order compelling arbitration, and to enter a new order denying the motion to compel. It reasoned: “[I]f the use of a particular arbitration forum and its rules is considered ‘material,’ a fortiori, the use of a specific arbitrator known to the parties.”

     TIP: If you really do want to arbitrate, consider agreeing to a Plan B up front, in case the arbitrator, or particular forum, turns out to be unavailable.