Webinar Took Place Almost 1 ½ Months After The Award, Involving General Tips On Fee Battles In Arbitration.
In Silva v. The Signature Motors LLC, Case No. H051552 (6th Dist. Jan. 14, 2025) (unpublished), an arbitrator awarded plaintiff almost $60,000 in attorney’s fees and costs (90% of the request), and the arbitrator 1 ½ months later participated in a webinar on fee issues encountered in arbitration. Defendant argued that the arbitrator should have disclosed the webinar participation in a vacatur proceeding, with the lower court rejecting the defense argument. The appellate court affirmed. It did not see an appearance of bias based on (1) the timing of the webinar (taking place after the fee award), (2) the neutrality of the webinar issues involving fees, and (3) the principle that the mere existence of a “personal” interest in an area of legal practice is not a matter for disclosure under the California Rules of Court arbitration ethics standards or AAA Consumer Arbitration Rules.
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