Can an arbitrator exceed his power by refusing to award attorneys' fees to the prevailing party?
California, United States of America
The following excerpt is from Ehm Prods., Inc. v. Starline Tours of Hollywood, Inc., B277311 (Cal. App. 2017):
In DiMarco v. Chaney (1995) 31 Cal.App.4th 1809, the court concluded that an arbitrator exceeded his power by refusing to provide an award of attorneys' fees to a prevailing party when the parties' agreement expressly required this. Again, the case does not stand for the proposition that an arbitrator must specifically provide for a forum for review of reasonableness.
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