Wednesday, May 27, 2015

Ninth Circuit Vacates Order Disqualifying Arbitrator in Dispute Over Condominiums

On his Business Conflict Blog, arbitrator and mediator Peter Phillips recently posted an interesting summary of a Ninth Circuit case addressing a dispute between sellers and purchasers of condominiums:

Ninth Circuit Reminds Us When Courts Intervene - and When They Don't - In Arbitration

The Ninth Circuit Court of Appeals recently issued a writ of mandamus directing a district court to vacate an order disqualifying an arbitrator, while the arbitration was pending.  Its succinct opinion in In re Sussex (No. 14-70158, January 27, 2015) serves as a clear lesson in the limitations of judicial intervention in arbitration.

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A hat tip to Suzanne McSorley for suggesting this article.