Cutler v. Azur Pharma International III Limited
An arbitrator issued a final arbitration award ruling that a dispute is not arbitrable because it is not within the scope of the applicable arbitration agreement. The trial court denied a petition to vacate the arbitrator’s award while granting a petition to confirm the award. We affirm the trial court’s confirmation decision because, regardless of whether or not the arbitrator “correctly†ruled on the issue of arbitrability, he did not “exceed his powers†within the meaning of the arbitration statutes. (See Code Civ. Proc., § 1286.2, subd. (d).)[1] The parties bargained for a ruling on the issue of arbitrability, the arbitrator gave them a ruling on the issue. Confirmation is thus appropriate. (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 13-28.)
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