PRETRIAL ADJUDICATION
...Contract Arbitration
......Modify/Vacate Award: Other Bases & Issues
.........Review of Arbitrator's Powers
5 Cards On This Topic:
  • Parties may structure their agreement to allow for judicial review of legal error in the arbitration award.
  • Powers of arbitrator limited and circumscribed by agreement or stip of submission between parties.
  • Arbitrators may apply both legal and equitable principles in deciding submitted issues.
  • Nothing in Code Civ. Proc. §128.5 prohibits sanctions in non-judicial arb. where parties agreed arbitrator could grant any remedy or relief available under Cal. law.
  • Unless required by K to apply law, arbitrators may apply broad principles of justice and equity.