Arbitration/Vacatur/Res Judicata: Ignoring Res Judicata Effect Of A Prior Arbitration Is At Most An Error Of Law, And Therefore Not In Excess Of The Arbitrator's Power

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the Court of Appeal explains in Dyna, LLC v. GreatCall, Inc., D071003 (4/1  10/10/17) (McConnell, Haller, O'Rourke) (unpublished), "even if the arbitrator erred by ignoring the res judicata effect of a prior arbitration award or by awarding nonrecoverable costs, these are errors of law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."