California Appellate Tracker

Emerald Aero LLC v. Kaplan

March 6, 2017

A $30 million arbitration award is vacated as the arbitrator exceeded his powers by awarding punitive damages that the claimant first requested the day before the arbitration hearing.

An arbitration clause that states each party gives up his right to judicial discovery and appeal does not waive the right to a limited judicial review of the arbitration award on the limited grounds available under the FAA or CAA or waive the right to appeal from a judgment confirming or vacating the arbitration award. Pratt v. Gursey, Schneider & Co. (2000) 80 Cal.App.4th 1105 is distinguishable because there the arbitration clause waived any right to appeal not only the arbitration award but also any judgment or order entered on the award. Also finding no waiver: Guseinov v. Burns (2006) 145 Cal.App.4th 944; Reisman v. Shahverdian (1984) 153 Cal.App.3d 1074; Southco, Inc. v. Reell Precision Mfg. Corp. (3d Cir. 2009) 331 Fed.Appx. 925.

California Court of Appeal, Fourth District, Division 1 (Haller, J.); February 28, 2017 (modified on denial of rehearing March 21, 2017); 2017 WL 767004

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Emerald Aero LLC v. Kaplan

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