In what circumstances will a court vacate an award for nondisclosure at an arbitration?

California, United States of America


The following excerpt is from Heimlich v. Shivji, 12 Cal.App.5th 152, 218 Cal.Rptr.3d 576 (Cal. App. 2017):

In Burlage v. Superior Court (2009) 178 Cal.App.4th 524, 100 Cal.Rptr.3d 531 (Burlage ), the appellate court affirmed the trial court's vacation of an award because the arbitrator had excluded material evidence. In an arbitration by a property buyer seeking damages from the seller for failing to disclose the property's boundaries, the arbitrator awarded the buyer damages for nondisclosure after excluding evidence that there had been an agreed lot line adjustment before the arbitration hearings were held. (Id. at pp. 527528, 100 Cal.Rptr.3d 531.) The appellate court asked, "What could be more material than evidence that

[12 Cal.App.5th 176]

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