Arbitration, Disclosures, Vacatur: Second District, Div. 7 Holds That Party Cannot Waive Right To Timely Object To Appointment Of An Arbitrator

Years Earlier, The Parties Had Agreed To The Appointment Of A Particular Arbitrator.

        Brothers Harry and Ted Soussos fought over control of  family business interests. Harry moved to compel arbitration, and Ted timely objected. The arbitrator refused to recuse himself, and Harry obtained an award in  his favor. The rub here is that several years earlier, Ted and Harry had agreed that in case future disputes arose, they would not object to the appointment of Judge John P. Shook (ret.) as the  arbitrator. After the arbitrator issued the award, Ted unsuccessfully sought to vacate it in the trial court. Did the earlier agreement not to contest the appointment of Judge Shook mean that Ted had waived the  right to object? 

        The right to timely object to the appointment of an arbitrator cannot be waived, holds the court in  Soussos v Soussos, No. B293358 (2/7   2/15/21) (Feuer, Perluss, Segal).