PRETRIAL ADJUDICATION
...Contract Arbitration
......Modify/Vacate Award: Exceeded Powers
.........Award When No K to Arbitrate
3 Cards On This Topic:
  • Arbitrator has no power to determine whether a nonsignatory to an arbitration agreement can be compelled to arbitration; this question is for the trial ct.
  • Reversal required where signature of Ds' attorney on arbitration stipulation, standing alone, was not substantial evidence that Ds agreed to arbitrate and valid K existed.
  • If no contract to arbitrate exists, award properly held in excess of powers.