Can a party waive their right to appeal from an arbitration award?

California, United States of America


The following excerpt is from Gerstel v. D.R. Horton L. A. Holding Co., 2d Civil No. B258673 (Cal. App. 2015):

Respondents contend that appellant waived its right to appeal from the trial court's judgment confirming the arbitration award. An aggrieved party has a statutory right to appeal from such a judgment. (Code Civ. Proc., 1294, subd. (d).) "It is well-settled . . . that a party can waive the right to appeal. [Citations.] The Courts of Appeal have held, however, that any waiver of the right to appeal must be clear and express . . . . Moreover, any doubt will be resolved against a waiver of the right to appeal. [Citations.]" (Guseinov v. Burns (2006) 145 Cal.App.4th 944, 952-953, first italics in original, second italics added.)

Other Questions


When an arbitration agreement requires the parties to share the costs of arbitration, does the court have jurisdiction to order that party to waive its right to arbitrate the other party's claim? (California, United States of America)
Does accepting an arbitration award waive that party's right to appeal the award? (California, United States of America)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
What is the test for a party to an arbitration agreement to waive their right to compel arbitration? (California, United States of America)
Can a party be found to have waived their contractual right to arbitrate by engaging in dilatory conduct in an arbitration proceeding? (California, United States of America)
Does a party waives its right to arbitration by engaging in litigation of the merits of an arbitration proceeding? (California, United States of America)
Is a party to an arbitration agreement waived or abandoned the right to arbitrate? (California, United States of America)
Is a portion of an arbitration award that awards attorney fees pursuant to Civil Code section 1717 appealable? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.