Vacating the Vacatur to Consider Missing Conflict Disclosures

United Health Centers of the San Joaquin Valley v. Superior Court, No. F067763 (D5 Aug. 25, 2014)

Due to apparent shoddy recordkeeping, the arbitrator in this case failed to disclose all of the conflicts information required by Code of Civil Procedure § 1281.9. The question is, whether the omissions from the disclosure were sufficient reason to vacate the arbitrator’s award. As the court here explains, that turns on an issue of waiver, which itself depends on whether the plaintiff had reason to know that the disclosures were incomplete when the arbitration commenced.