Rodrigues

Rodrigues v. Keller

Good Law
113 Cal. App. 3d 838·170 Cal. Rptr. 349
Court of Appeal of CaliforniaDecember 23, 198046304California2,400 words

Opinion

Opinion

The parties herein were partners in a firm which provided public accounting and computer services. Their partnership agreement contained provision for settlement of "[a]ny and all disputes, arising in or under this agreement," by arbitration pursuant to the rules of the American Arbitration Association. In 1976 the partnership dissolved, certain disputes arising out of the dissolution were submitted to arbitration, and after extensive hearings the arbitrator rendered an award. Appellant then sought by petition in the trial court to have the award vacated on various grounds. This appeal is from the order of the trial court dismissing that petition. (Code Civ. Proc., § 1294, subd. (b).)

(1a) Appellant's principal contention on appeal is that the trial court should have vacated the award because (he claims) the award failed to resolve all issues submitted for decision. This was the common law rule (cf. Muldrow v. Norris (1859) 12 Cal. 331 ), embodied, at least in part, in California's first comprehensive arbitration statute, adopted in 1927. That statute made provision for vacating an award "[w]here the arbitrators exceeded their powers, or so imperfectly…

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