PRETRIAL ADJUDICATION
...Contract Arbitration
......Modify/Vacate Award: Exceeded Powers
.........Error of Law on Face of Award
8 Cards On This Topic:
  • Trial court erred in correcting arbitrator's award of attorney fees on ground arbitrator exceeded his powers.
  • Arbitrators did not exceed their jurisdiction under B&PC 6200 et seq. in determining attorney-client relationship existed between the parties.
  • Arbitrator lacked authority to award over $88 million in public funds to settle an $18 million dispute over constitutionality of smog impact fee.
  • Arbitrator did not exceed powers by ruling P had no interest in subject property yet also denying D’s quiet title claim—in any event, argument nothing more than claimed error in legal ruling which Court of Appeal may not review.
  • Possible error in interpretation of statute, that is not plain on face of award, is not basis to vacate: courts will not pass on validity of arbitrator’s reasoning.
  • Allowing allocation of portion of lump sum in right of first refusal case correct; as no error of law on face of award, no basis to vacate award.
  • Arbitrator's refusal to apply mitigation of damages rule correct, thus award not vacated.
  • Summary award based on erroneous conclusion of law which does not appear on face of award is not basis for vacating award.