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You are here: Home / Arbitration / Court Decisions / Confirmation / Vacation of Arbitration Awards / Vacation of arbitration awards due to failure to follow arbitration agreement

Vacation of arbitration awards due to failure to follow arbitration agreement

September 5, 2006 by Carlton Fields

Two opinions recently have addressed the issue of whether an arbitration award should be vacated when the arbitrators fail to follow the arbitration agreement.

  • In Martin v. Wells Fargo Financial, Inc., 2006 WL 2466945, Case No. 05-00003 (9th Cir. Aug. 25, 2006), the Court of Appeals affirmed a District Court decision vacating an arbitration award “because the underlying arbitrations were not conducted in accordance with the terms of the parties' arbitration agreement.”  This unreported opinion is not available on Pacer, and it does not reveal what the Court of Appeals viewed as the deficiencies in the arbitration.

  • In Allstate Ins. Co. v. Superior Court, 2006 WL 2473419 (Cal.Ct.App. Aug. 29, 2006), the Court reversed the vacation of an award on the basis that the panel rendered a “reasoned” award when the arbitration agreement provided that the award should not state reasons.  Instead of vacating the award, the Court directed that the “reasons” be stricken from the confirmed award as surplusage.

Filed Under: Confirmation / Vacation of Arbitration Awards, Week's Best Posts

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