Silva

I. BACKGROUND

Silva sued Signature in state court about a used car purchase. The trial court granted Signature’s petition to compel arbitration and the parties commenced arbitration before the American Arbitration Association (AAA). AAA ultimately appointed Jonathan Polland—who did not provide any disclosures, oath, or curriculum vitae—as arbitrator. On the day of Polland’s appointment, defense counsel informed AAA that the parties had agreed to settle Silva’s claims. The settlement rescinded a sales contract, required Signature and another defendant to pay Silva a total of $9,323.13, required Silva to return the car, and included provisions requiring defendants to comply with various statutes and regulations in the future.1 The settlement did not resolve Silva’s claim for attorney fees and costs. About a week after Polland’s appointment, Signature notified Polland that the case was settled except for attorney fees and costs. After briefing and a hearing, Polland awarded Silva $58,101.75 in attorney fees and $1,376.82 in costs. In his written award, Polland found that (a) the claimed billing rate of $595 per hour was reasonable; and (b) the hours claimed were excessive for…