Rifkind

Concern about potential for arbitrariness in punitive damage awards by juries has recently led to recognition of certain constitutional, due process limitations on the imposition of such awards. In this case, the appellant contends that one of those limitations, the requirement of judicial review, must apply to a punitive damage award assessed not by a court or a jury, but by a private arbitrator, under a voluntary agreement to arbitrate. We disagree. We conclude that, just as the constitutional guarantees of due process do not control private arbitration proceedings, judicial enforcement of an arbitrator’s punitive damage award need not as a matter of due process include judicial review of the merits of the award.

Statement of the Case

Defendant Robert Gore Rifkind (Rifkind) appeals from a judgment confirming a $141,826 contractual arbitration award to plaintiff Rifkind & Sterling, Incorporated (R&S), including attorney fees of $30,957 and punitive damages of $25,000. Rifkind contends that these elements of the award exceeded the arbitrator’s authority, and hence the award should have been corrected to delete them. (Code Civ. Proc., § 1286.6, subd. (b).) Responsively,…