P1075 In reviewing an arbitration award made in California under a franchise agreement between a French citizen living in California and a British corporation, California law should be applied even though the agreement purported to choose British law; under California law, an arbitration award should be vacated if the arbitrator exceeded his power; since the franchise agreement expressly barred the arbitrator from modifying any of its material terms the arbitrator's finding that a party was excused from performing as required by the agreement exceeded his power and should have been vacated.CitationGUEYFFIER v ANN SUMMERS LTD (Arbitrator's Powers) 144 CA4 166 [See: CCP section 1286.2; Moncharsh v Heily 3 C4 1]
|
|