PRETRIAL ADJUDICATION
...Contract Arbitration
......Modify/Vacate Award: Exceeded Powers
.........Award Outside Scope of Contract
12 Cards On This Topic:

Test for determining whether an arbitrator has exceeded powers.

Where arbitrator's denial of fees to prevailing party rested on his/her interpretation of K provision within scope of issues submitted for binding arbitration, s/he didn't exceed powers.

Where entitlement to atty fees under CC §1717 is within scope of issues in binding arbitration, arbitrators don't exceed powers by denying fees, even where reversible legal error in civil lit.

Arbitrator did not exceed his powers by deciding alter ego issue where any dispute was to be arbitrated and Ds sought arbitration under CA’s international commercial arbitration statutes and agreed to relevant Rules.

Arbitrator exceeded his powers by declaring granting remedy not in scope of arbitration agreement, and by adjudicating claims over objection of receiver.

Arbitrator did not exceed his powers in awarding Ps their attorney fees and costs where Ps had filed complaint before mediation simply to preserve legal rights re SOL.

Arbitrator did not have power to order D to pay fine for each day he failed to remove trees and signs from easement.

AAA demand does not constitute submission agreement limiting arbitrator's powers.

Award of tort damages when arbitration clause limited to K claims is in excess of powers.

Award of back pay found authorized by Memorandum of Understanding and not in excess of powers.

Arbitrator exceeded powers by rendering decision on matters beyond scope of issue submitted to arbitration.

Deciding on matters not submitted to arbitration in excess of powers.