U.S. Court of Appeals for the 9th Circuit
Dec. 19, 2013
Arbitrator fees can be appealed even if clause says otherwise, 9th Circuit rules
Non-appealability clauses in arbitration agreements are unenforceable when they seek to insulate an arbitrator's fee allocation from judicial review, an appellate panel ruled.
Daily Journal Staff Writer
Attorney wrangling over a $28 million fee award in a Wal-Mart Stores Inc. wage and hour class action settlement led to a decision Tuesday by a federal appellate panel on non-appealability clauses in arbitration agreements.
The upshot in a ruling of first impression by the 9th U.S. Circuit Court of Appeals was that such clauses are unenforceable when they seek to insulate an arbitrator's fee allocat...
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