Can an arbitrator be held liable for failing to render a timely award?

California, United States of America


The following excerpt is from Coopers & Lybrand v. Superior Court, 212 Cal.App.3d 524, 260 Cal.Rptr. 713 (Cal. App. 1989):

In Baar v. Tigerman, supra, 140 Cal.App.3d 979, 211 Cal.Rptr. 426, authored by this division, the arbitrator breached his contract to render a timely award. We recognized that an arbitrator enjoys immunity while acting in a quasi-judicial capacity, but held the contractual obligations of an arbitrator to the parties involved also must be given credence. We concluded the policy behind arbitral immunity would not be served by extending arbitral immunity to the failure to render a timely award. (Id., at p. 985, 211 Cal.Rptr. 426.) 6

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