Arbitration: Arbitrator’s Failure To Declare A Prevailing Party And Denial Of Statutory Costs To Winner Did Not Allow Superior Court To Do Otherwise

Both Lower and Appellate Courts Sustained Arbitrator Denial of Statutory Costs.

     You gotta be careful who you choose as an arbitrator, because they can decide disputes based on equity and fairness (not just dry law) and their decisions are normally inscrutable at other levels.

     That reality sunk in for the arbitration winner in Plummer v. Day/Eisenberg, Case No. G046567 (4^th Dist., Div. 3 Mar. 22, 2013) (unpublished), after an arbitrator failed to declare winner the prevailing party and denied a motion to award statutory costs.

     Both the lower and appellate courts agreed, finding that such a denial was within the scope of controversies the arbitrator has jurisdiction to determine, meaning the merits of the denial could not be reviewed. Justice Ikola was the author of the 3-0 panel decision.