Douglass v. Serenivision, Inc.
A party clearly and unmistakably consents to have an arbitrator decide his own jurisdiction when that party does not object to the arbitrator's jurisdiction in his answer to the arbitration petition, informs the arbitrator that he is voluntarily submitting to the arbitrator's jurisdiction, appears at multiple prehearing conferences, formally asks the arbitrator to impose a bond requirement on the opposing party, and only after the arbitrator denies that request tells the arbitrator that his submission to jurisdiction was conditional on obtaining that bond. The Court of Appeal held that such conduct did constitute clear and unmistakable consent to allow the arbitrator to decide the issue of plaintiff's own jurisdiction. The court also held that plaintiff's challenge to the arbitrator's jurisdiction was untimely and that his challenges to the arbitrator's assessment of his jurisdiction and to the ultimate arbitration award were without merit. View "Douglass v. Serenivision, Inc." on Justia Law