Same Was The Case If The Arbitrator Awarded Nonrecoverable Costs.
Without saying the arbitrator made a mistake, the Court of Appeal explains in Dyna, LLC v. GreatCall, Inc., D071003 (4/1 10/10/17) (McConnell, Haller, O'Rourke) (unpublished), "even if the arbitrator erred by ignoring the res judicata effect of a prior arbitration award or by awarding nonrecoverable costs, these are errors of law and not acts in excess of the arbitrator's power that must be vacated or corrected."
As a consequence, the Court of Appeal reversed a judgment whereby the trial court had corrected an arbitrator's cost award, directing "the court to confirm the award as made without any reduction in the amount of recoverable costs."
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