CCA Fellow Dana Welch provides a practical guide to challenging an arbitration award, a process with narrow legal grounds and low odds of success. She examines when vacatur may be warranted under the Federal Arbitration Act or California Arbitration Act, including fraud, arbitrator bias, procedural misconduct, exceeding arbitral authority, and manifest disregard of the law. Welch also underscores the importance of determining which law governs and acting quickly, since the deadline to …
Archives for October 2026
Arbitration: A True Litigation Alternative
Can arbitration offer a better path to resolving a business dispute even when the parties’ contract contains no arbitration clause? In “Arbitration: A True Litigation Alternative,” CCA Fellow Roy L. De Barbieri and co-author Robert Harris examine an often-overlooked option: agreeing to arbitrate after a dispute arises, including when litigation is already underway. Published in the July/August 2026 issue of CT Lawyer, the article explores why post-dispute arbitration remains uncommon. The …
