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« Arbitration/Class/Employment: Motion To Compel Arbitration Was Premature Before Class Was Certified Where Named Plaintiff Was Not Party To Arbitration Provision | Main | Arbitration/Unconscionability/Employment: First District, Division 1 Concludes Arbitration Agreement Is Not Unconscionable And Reverses Trial Courts Order Denying Arbitration »

11/01/2013

Arbitration/Vacatur: Second District, Division 7 Refuses To Vacate $26.8 Million Arbitration Award

 Quarrel With Arbitrator’s Reasoning And Conclusion Provides No Grounds For Reversing Trial Court’s Order Affirming Arbitration Award

     Following a failed real estate investment, HCR Moorpark Investors, LLC obtained an order confirming a $26.8 million arbitration award in its favor.  With so much at stake, it is not surprising that defendants appealed, but the case is a reminder of how impervious arbitration awards are to attack on appeal.  The Court of Appeal handily rejected arguments that the arbitrator exceeded his powers by failing to decide certain issues submitted, had improperly decided an unsubmitted issue, had failed to provide a fair hearing, or had remade the parties’ agreements.  Affirmed. HCR Moorpark Investors, LLC v. North Park Communities, LLC, et al., Case No. B240046 (2nd Dist. Div. 7 Aug. 21, 2013) (Perluss, J. author 3:0) (unpublished).

Posted by on 11/01/2013 at 12:38 PM in Arbitration: Section 1286.2 Vacatur |

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