Originally from Dispute Resolution Journal

Preview Page

 

CONSTRUCTION — CALIFORNIA — JUDICIAL FINDING ON CONFIRMING
AWARD — ATTORNEY'S FEE

An action to confirm an arbitration award is a suit to enforce the terms
of the contract of which it is part. A dentist and a contractor entered
into an agreement for construction of a dental office. A dispute subsequently
arose between them regarding specifications and timeliness.
According to contract, the parties submitted the matter to arbitration.
The contractor prevailed in arbitration and moved in court to confirm
the award. The dentist petitioned to vacate the award on the ground that
he had been denied a fair arbitration hearing because he had been
given insufficient time for discovery and preparation.