Last week, we reviewed the year-by-year totals for the Court’s arbitration cases and cases involving property crimes. Today, we’re taking a closer look at the data for arbitration cases.
The Court’s 41 arbitration cases since 1990 have been almost equally split between defendants’ and plaintiffs’ wins – defendants’ wins from the Court of Appeal have been 51.22% of the total. The Court has reversed 52.38% of the defendants’ wins – a few points below their trend across all cases.
The Court affirmed two defense wins in 1992, one in 1993, one each in 2000, 2003, 2004, 2005, 2006 and 2008 and one in 2016.
The Court reversed one defense win per year in 1994, 1997 and 200, two in 2005, and one per year in 2006, 2007, 2008, 2010, 2011 and 2017.
The Court has been far more likely to reverse plaintiffs’ wins from the Court of Appeal in arbitration cases than cases won by the defendants below. Since 1990, the reversal rate for plaintiffs’ wins is 75%. The Court affirmed one plaintiffs’ win in 2000, two in 2003 and one in 2013 and 2016.
The Court reversed a plaintiff’s win a year in 1996, 1999 and 2005, two in 2007 and 2008, one in 2009, two in 2010, one per year in 2012, 2013 and 2014 and two in 2015.
In Table 608, we report the Court’s overall reversal and partial reversal rate, irrespective of which party won below. Since 1990, the Court has reversed 75.61% of the arbitration decisions it has reviewed. The Court reversed in two of four cases between 1990 and 1995. The Court reversed in four of six cases from 1996 to 2000. Between 2001 and 2005, the Court reversed in five of eight cases – 62.5%. Between 2006 and 2010, the Court reversed in twelve of thirteen cases – 92.31%. All but one of those twelve cases were complete reversals, not reversals in part. Since 2010, the Court has reversed in eight of ten arbitration cases. All eight reversals were complete rather than partial.
Join us back here tomorrow as we turn our attention to the Court’s cases involving property crimes.