PRETRIAL ADJUDICATION
...Contract Arbitration
......Procedure Enforcing/Attacking Award
.........Powers of Court
6 Cards On This Topic:
  • Court may confirm, correct or vacate award whether rendered in this state or in another state.
  • Because Legislature clearly set forth trial ct.’s jurisdiction to review arbitration award when it specified grounds for vacating or correcting it, parties cannot expand that jurisdiction by contract to include a review on the merits.
  • "Partial final award" is within "broad scope" of arbitrator's authority to fashion appropriate remedy. It is not precluded by nor offensive to CAA nor prohibited by parties' agreed upon arbitration rules.
  • Although D bound by arbitrator's refusal to award arbitration fees and costs, he was still entitled under contract to recover fees and costs incurred in post-arbitration judicial proceedings.
  • A party's contractual duty to arbitrate disputes may survive termination of the agreement giving rise to that duty.
  • 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.