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P1042 An arbitrator's technical failure to timely comply with disclosure requirements was negated by unique circumstances, including that the nondisclosure related to a previously settled case in which defendant participated; defendant had access to his own file on it before, during, and after the arbitration hearings; defendant recognized the arbitrator visually before the arbitration hearing commenced, consented to proceed with the arbitration, failed to request a continuance to investigate the arbitrator, and failed to object to the arbitrator's participation until nine months after accepting the arbitrator, six months after recognizing the arbitrator, and two months after the award was issued.CitationFININEN v BARLOW (Recognized Arbitrator) 142 CA4 185 [See: CCP 1286.2, 1281.9; Marsch v Williams 23 CA4 238, T/AT 4/94]
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