PRETRIAL ADJUDICATION
...Contract Arbitration
......Modify/Vacate Award: Exceeded Powers
.........Conduct of Arbitration
8 Cards On This Topic:

Award may be vacated for conduct of arbitrators contrary to Arbitration Act.

Arbitrator does not exceed his powers when he applies equitable defenses to excuse party from performing material condition of agrmt that provides arbitrator may not modify or change any material provision.

Arbitrator exceeded his powers by limiting D's representation to someone who was sued personally, was not D's choice, was not involved in significant aspects of the transaction and was dismissed from the action.

Despite strong public policy against workplace harassment, city did not show that public policy precludes arbitral enforcement of a reasonable limitation period contained in a CBA barring stale claims of misconduct.

Arbitrator who issued award in initial dispute did not exceed his powers when, upon a party's demand for 2d arbitration, he construed the arbitration agrmt as authorizing him to act as arbitrator for subsequent disputes.

Sitting superior court judge may not conduct a private arbitration subject to confirmation under Cal. Arbitration Act: Public judges must engage in public judging.

Arbitrator’s refusal to impose discovery sanction provides no ground to vacate arbitration award, even if sanction mandatory under discovery statutes.

Procedure to render decision without meeting among arbitrators after evidence taken not in excess of power even though not best practice.