California and Arbitrator Failure to Disclose

Abstract

California statutes contain some of the most stringent standards for arbitrator disclosure found anywhere. While those standards are not applicable to international arbitration, the statutory provision requiring mandatory vacatur of an award for failure to disclose is. California case law currently provides that a general choice of law provision calling for the application of California law includes the application of California procedural law, including its unique arbitration provisions. Parties are advised to specifically exclude California arbitration law when agreeing to a California choice of law provision and to enforce their arbitration agreement and any ensuing award in federal, rather than California State, court.