Contention That There Was Error In Confirming The Award Was Not Before The Court.
To quote the late Steve “The Crocodile Hunter” Irwin, “Crikey!”.
On appeal, defendant Porter argued that the arbitrator exceeded his authority, as a result of which confirmation of the arbitration award was error, citing Cal. Code Civ. Proc., section 1286.2(a)(4). However, in the trial court, his sole theory was that the award should be corrected for miscalculation of figures, section 1286.6(a). Thus, Porter’s contention that the arbitrator had exceeded his powers was not properly before the Court. Keith v. Porter, B256524 (2/3 Feb. 20, 2015) (Edmon, Aldrich, Lavin) (unpublished).
COMMENT: The statutory scheme is as follows: section 1286.2 provides the bases for the trial court to vacate the arbitrator’s award, one of which is: “The arbitrators exceeded their powers and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted.” Section 1286.6 (a) provides that unless the court vacates the award pursuant to Section 1286.2, the court shall correct the award and confirm it as corrected if the court determines that there was an evident miscalculation of figures. Porter relied on correction rather than vacation of the award. As a result, vacation of the award was not properly teed up for the Court of Appeal. Covering its bases, the Court of Appeal added that it did not believe there was an evident miscalculation of figures.