Hightower

In this writ proceeding, we examine the question of whether an arbitrator, in order to provide a proper remedy for the prevailing party, may resolve certain critical areas of a dispute in a “partial final award” but reserve jurisdiction to later decide, by a “final award,” issues which will likely arise as a result of the implementation of that remedy. In the specific factual context of this case, we answer that question in the affirmative.

Petitioner, Glenn Hightower (Hightower) seeks a writ of mandate compelling the superior court to either (1) vacate the “partial final award” issued by the arbitrator or (2) confirm that award and enter judgment so that Hight-ower can proceed to attack on appeal the validity of that award and the superior court’s refusal to vacate it. Daniel O’Dowd (O’Dowd), the real party in interest, opposes Hightower’s petition and claims, inter alia, that the utilization of a “partial final award” and the express reservation of jurisdiction to resolve any remaining issues was a procedurally proper way to handle this particular dispute involving enforcement of a corporate shareholder agreement and its reciprocal buy-sell provisions. Thus, O’Dowd…