9th Circuit Holds Arbitrator Exceeded Authority, Upholds Vacatur Of Award

Mealey's (January 30, 2019, 1:23 PM EST) -- SAN FRANCISCO — After finding that an arbitrator ignored the terms of subcontracts for construction projects and exceeded his authority in holding that an Afghani contractor did not need to comply with the Federal Acquisition Regulation (FAR) because it was a less “sophisticated” contractor, a panel of the Ninth Circuit U.S. Court of Appeals on Jan. 28 affirmed a court’s vacatur of a $1,072,520 arbitral award (Aspic Engineering and Construction Company v. ECC Centom Constructors LLC, et al., No. 17-16510, 9th Cir., 2019 U.S. App. LEXIS 2774)....