The scales of justice in arbitration

The scales of justice in arbitration

The New York Times once again has pointed out the atrocity of arbitration. The most recent story, published Dec. 22, tells of a man who was sued over an old debt, yet was blocked from suing back. According to the Times, “Clifford Cain Jr., a retired electrician...
Uber files notice of appeal in Dec. 9 court decision

Uber files notice of appeal in Dec. 9 court decision

Uber has already filed an appeal following the Dec. 9 court ruling in the matter of O’Connor v. Uber Technologies, Inc.  The U.S. District Court for the Northern District of California issued a 32-page order granting in part and denying in part the...
Hawaii Supreme Court vacates arbitrator award

Hawaii Supreme Court vacates arbitrator award

The Supreme Court of Hawaii ruled recently that if a neutral arbitrator fails to meet disclosure requirements, it constitutes “evident partiality” as a matter of law, and requires the vacatur of the arbitrator’s award. The dispute involved homeowners who claimed their...
When the arbitrator is biased: Part II

When the arbitrator is biased: Part II

Arbitrators, like judges, have immunity, meaning they can’t be sued. That leaves the consumer who learns after-the-fact that an arbitrator ruled on a case despite a conflict-of-interest with no legal recourse. When an arbitrator is selected through an...
When the arbitrator is biased: Part I

When the arbitrator is biased: Part I

A California resident takes a dispute to arbitration. He loses. Not only doea he lose, but he’s ordered to pay over $100,000 in legal fees to the prevailing party. Months later, he learns that the arbitrator had an undisclosed potential conflict—a conflict that could...