Aspic Engineering & Construction Co. v. ECC Centcom Constructors, LLC

Order Granting Defendants’ Motion to Vacate Final Arbitration Award Pursuant to 9 U.S.C. § 10 ; Denying Plaintiff’s Motion to Confirm and Correct the Arbitration Award

Defendants ECC International, LLC and ECC CENTCOM Constructors, LLC (collectively “ECC”) bring this motion to vacate a final arbitration award (the “Arbitration Award”) entered against them and in favor of plaintiff Aspic Engineering and Construction Company (“Aspic”) on the ground that the arbitrator exceeded his authority. (Dkt. No. 19.) Plaintiff Aspic opposes defendants’ motion and moves to confirm and correct the award to include Aspic’s attorney’s fees. (Dkt, No. 17 at 20; Dkt. No. 26.) While considerable deference to an arbitrator exists under Ninth Circuit law, the Court finds here rare circumstances warranting vacatur.

I. Relevant Background

ECC is an employee-owned engineering and construction firm located in Bur-lingame, California. ECC performs work on various commercial and government construction projects, including as a prime contractor to the U.S. Army Corp of Engineers (“USACE”) supporting two reconstruction projects for police training facilities in Sheberghan and Badghis, Afghanistan (the…