Benjamin, Weill & Mazer v. Kors: Arbitrator Must Disclose Business Relationships Which Create an Impression of Possible Bias

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This published opinion dated October 12, 2010 addressed the issue of the scope of disclosures required to be made by an arbitrator handling a binding attorney-client fee disputed under the California Arbitration Act. The parties’ fee agreement specified that any fee dispute between the parties was to be submitted to binding fee arbitration pursuant to local bar association rules. This provision was given effect after the client waived her right to non-binding fee arbitration under the Mandatory Fee Arbitration Act.

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