- The trouble one can get into by using "judge" and "arbitrator" interchangeably is illustrated in
Estate of Fain (1999) 75 Cal. App. 4th 973. A little thought and clarification at the beginning might
have averted an appeal.
- In drafting a settlement agreement that revokes earlier contracts, be aware that you may be wiping out
all the terms including arbitration, attorney fees and costs.
- Are you aware that without an agreement to the contrary, service of a notice of hearing and an award
must be by registered or certified mail or personally delivered?
CCP Sections 1282.2 and 1283.6. Can you figure out what problems might occur if this is not followed?
- Can you get costs in an uninsured motorist arbitration?
Probably not. See Austin v Allstate (1993) 16 Cal. App. 4th 1812.
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