Condon v. Daland Nissan, Inc.

The standard Law Printing car contract, which requires the buyer to proceed to a second arbitration before a three-arbitrator panel if the first arbitration before a single arbitrator results in an award exceeding $100,000, is enforceable. Under a standard Law Printing car contract, the buyer was required to proceed to a second arbitration before a three-arbitrator panel after the first arbitration before a single arbitrator resulted in an award, including attorney fees, which exceeded $100,000.  The new arbitration is a do-over, not a true appeal, so it doesn’t matter that the chosen arbitration forum lacks rules governing appeals from arbitration awards.  The new arbitration must be in the same arbitration forum, unless both parties agree otherwise or the forum refuses to hold a new arbitration.

California Court of Appeal, First District, Division 1 (Banke, J.); November 4, 2016 (published November 29, 2016); 2016 WL 6994929

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