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Sample petition to vacate arbitration award in California.

Sample Petition to Vacate Arbitration Award in California

$32.49 Sale

Sample Petition to Vacate Arbitration Award in California.

This sample petition to vacate arbitration award in California is filed pursuant to Code of Civil Procedure section 1286.2 on one of several grounds including

  • (1) The award was procured by corruption, fraud or other undue means;
  • (2) There was corruption in any of the arbitrators;
  • (3) The rights of the party were substantially prejudiced by misconduct of a neutral arbitrator;
  • (4) The arbitrators exceeded their powers and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted;
  • (5) The rights of the party were substantially prejudiced by the refusal of the arbitrators to postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrators to hear evidence material to the controversy or by other conduct of the arbitrators contrary to the provisions of this title, and
  • (6) An arbitrator making the award either:
  • (A) failed to disclose within the time required for disclosure a ground for disqualification of which the arbitrator was then aware; or
  • (B) was subject to disqualification upon grounds specified in Section 1281.91 but failed upon receipt of timely demand to disqualify himself or herself as required by that provision.

The sample has been revised and updated in 2019, is 14 pages and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority, and
  • Sample declaration.

The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.