PRETRIAL ADJUDICATION
...Contract Arbitration
......Modify/Vacate Award: Other Bases & Issues
.........Review of Arbitrator's Powers
 9 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.
  • Arbitrator did not exceed his powers by adding attorney's clients as claimants to an arbitration.
  • Arbitrator did not exceed his powers in not awarding damages to the profit sharing plan of an attorney's law firm under the doctrine of unclean hands.
  • Arbitrator did not exceed his powers in denying prevailing parties' request for attorneys fees.
  • An arbitrator's decision may be reviewed for errors of fact or law if the arbitration agreement so provides.
  • 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.


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