In a recent case, Baker Marquat LLP v. Kantor 2018 DJDAR 3685, (April 25, 2018), the California Court of Appeal held that in a binding fee arbitration, the submission and consideration of a confidential brief that contained claims not included in the arbitration demand was an ex parte communication. The Appellate Court found that the arbitration award was procured by “undue means” pursuant to California Code of Civil Procedure Section 1286.2 and was thus reversed.
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