PRETRIAL ADJUDICATION
...Contract Arbitration
......Confirming Award
9 Cards On This Topic:

A request for costs under CCP §998 is timely if filed within 15 days of issuance of a final arbitration award, but arbitrator's legal error in not awarding 998 costs is unreviewable.

Court may review and vacate an arbitration award involving both an employee's unwaivable statutory rights and an employer's written policy forbidding outside employment while on leave.

An incremental arbitration award confirmation process can be appropriate where not all issues are resolved at the time of the initial partial award confirmation.

Arbitration award confirmed where plaintiff, through his conduct, clearly and unequivocally consented to have the arbitrator decide whether the dispute was subject to arbitration.

Where part of an arbitration award cannot be confirmed due to the arbitrator’s error of law, the award may be corrected by striking the erroneous part if doing so does not affect the merits of the part that remains.

No error in denying CCP 128.7 sanctions against attys for filing frivolous claim where arbitration had settled issue and attys had substituted in after complaint filed and while action stayed.

By filing CCP 724.050 motion, D properly sought to enforce P's agreement to accept $100,000 plus costs as full satisfaction of the judgment of $366,527 entered confirming the arb. award.

Although FAA §9 is procedural and not applicable in state court proceedings, parties here did consent to judicial confirmation of any arbitration award per AAA.

Arbitrator’s termination of proceedings for lack of payment of fees did not constitute an “award” subject to confirmation.