PRETRIAL ADJUDICATION
...Contract Arbitration
......Modify/Vacate Award: Exceeded Powers
.........Mandatory Fee Arb Agrmt
4 Cards On This Topic:

As enforcement of arbitration agreement that violated P's rights under MFAA would exceed arbitrator's powers, judicial review of arbitrator's decision appropriate.

Where parties did not agree to binding MFAA arbitration, arbitrators' ruling that the arbitration was binding was erroneous as a matter of law and arbitrators exceeded their powers by purporting to issue a binding award.

In MFAA arbitration, court did not err in denying P's groundless petition to correct award, but should then have confirmed the award, leaving appeal as P's only remedy.

As client failed to follow procedure for preventing MFAA arb award from becoming binding, court properly denied client's motion opposing law firm's lien; however, firm failed to follow correct procedure for enforcing arb award.