Procedural Posture

Posted by Saim Khan on June 14th, 2021

Appellant limited partnership sought review of a judgment and orders of the Superior Court of Los Angeles County (California), which denied its petition to compel arbitration with respondent corporation, enforced the judgment entered in confirmation of one arbitration award, and entered judgment after confirmation of another arbitration award.

 

Overview: ccp 2024.010

Appellant partnership and respondent corporation agreed to arbitrate disputes arising out of their agreement concerning aircraft engine components. Appellant filed a petition to compel arbitration with respondent corporation regarding a judgment entered on a prior arbitration award and respondent filed an opposition and sought to enforce the judgments on the prior awards. The trial court denied the petition to compel arbitration and appellant sought review. On appeal, the court reversed the order which denied the petition to compel arbitration and held that doubts about the meaning or extent of prior arbitration awards were for the arbitrators and not the court to resolve. The court reversed the orders which confirmed an arbitration award and entered judgment after confirming another arbitration award because the awards rewrote the parties' agreement to reflect changed conditions and the judgment included a sum certain for damages that were not included in the award as rendered or as requested by respondent.

 

Outcome

The court reversed an order which denied appellant partnership's petition to compel arbitration with respondent corporation because doubts about meaning or extent of prior arbitration awards were to be resolved by arbitrators and not the court. The orders which confirmed arbitration award and entered judgment after confirming another award were reversed because judgment included added damages that were not requested by respondent.

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Saim Khan

About the Author

Saim Khan
Joined: July 15th, 2019
Articles Posted: 13

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