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I won an arbitration case when we went to court to attest the judgment the court removed one of the defendants

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one the defendants did not sign the arbitration clause in his personnel capacity but on behalf of one of the companies in the case , but signed the terms of reference document the arbitrator produced at the start of the arbitration and gave the arbitrator the final say whether he should be part of the arbitration case or not , when we won and took the judgment to attest in court the appeal court removed him from the case saying the arbitrator does not have power to add him to the case even though he singed the terms of reference document . i was under the impression that if a point is added to the terms of reference document then any point in that document cannot be argued in court and the court cannot look at any of the point within the terms of reference document .
thanks

Attorney Answers 3

Posted

While I might generally agree that the arbitrator determines his/her own jurisdiction, and the participation by this contesting party in the arbitration would ordinarily constitute a waiver or acquiescence, you now have an appeals court opinion that says both of us are wrong. If there is still time within which to petition for review to the Supreme Court, and the value is worth the time and money to pursue it, then there is the remote possibility that the Court of Appeals might be reversed. You should consult with experienced real estate appellate attorneys as soon as possible.

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Posted

Without looking at the terms of the reference document, the underlying arbitration agreement, the claims that you brought, and the appellate opinion, it isn't possible to tell you much -- other than the Court of Appeal wins this argument regardless of what you or I think.

The whole issue of when someone not a party to an arbitration agreement can be required to arbitrate because of his relationship to a signatory is complicated. In any event, your only remedy lies with the Supreme Court if you choose to pursue it. I also would talk with your attorney about this matter in more detail, so that you are sure you understand what the Court of Appeal said.

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Posted

I am uncertain you correctly understand and stated the facts.

You mention going to court to "attest" (confirm?) the judgment. Is that the court that struck one of the defendants? Or, did that court confirm the judgment and one of the defendants appealed that judgment and the appellate court dismissed one of the defendants from the case?

Your answer makes a lot of difference in how you might proceed to correct error, if error in occurred. You have a VERY short window to correct any error, perhaps a little as 10 days from entry of judgment. Seek legal counsel immediately. Good luck.

-- Michael

Michael R. Daymude, Attorney at Law
Sherman Oaks Galleria – Comerica Bank Building
15303 Ventura Boulevard, Suite 900
Sherman Oaks, CA 91403-3199
(818) 971-9409
www.mrdaymude.com

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Posted

Thanks alot for your help. Yes we went to court to confirm the judgment then the other parties appealed it and the appeal court removed one of the defendants but still confirmed the judgement just removed any damages the removed defendant had to pay in the original arbitration award.

Michael Raymond Daymude

Michael Raymond Daymude

Posted

It sounds like you're at the end of the line, then. Your available remedies, even if timely taken, are few and not likely to obtain a different result.