Arbitrator’s Disclosure Did Not Constitute Ex Parte Communication, Court Affirms

LOS ANGELES — A California appellate court affirmed confirmation of arbitration awards issued in favor of a bank in a dispute involving film financing, ruling that the arbitrator’s disclosure of a prior representation to the arbitral agent did not constitute ex parte communication.

On Aug. 20, the California Court of Appeal, 2nd District, held that the communication was “legitimate” and no decisional authority holds that counsel must be present when an arbitrator communicates with an arbitration administrator.

This case involves three international commercial arbitration awards arising from a dispute over $37 million in loans made by Comerica Bank to …