Category Archives: Arbitration

Arbitration Award Struck Down Because Procured by “Undue Means”

Baker Marquart LLP v. Kantor, 22 Cal. App. 5 th 729 (2018) This case involves a dispute between attorney (Baker Marquart) and client (Kantor) regarding the proper percentage to apply to a contingency fee contract. The contract provided that if the attorney accomplished nine specific tasks within a specific time, the fee would be based … Continue reading Arbitration Award Struck Down Because Procured by “Undue Means”

Arbitrability Delegation Clause will not be Enforced when Claim of Arbitrability is “Wholly Groundless.”

Smythe v. Uber Technologies, 24 Cal. App. 5th 327 (2018) Ryan Smythe drove for both Uber and Lyft.  As an Uber driver he signed contracts that included broad arbitration clauses and a delegation of the authority to determine arbitrability to the arbitrator, rather than a court.  As a Lyft driver, Smythe sued Uber claiming that … Continue reading Arbitrability Delegation Clause will not be Enforced when Claim of Arbitrability is “Wholly Groundless.”