Corona v. Amherst Partners

Opinion

McINTYRE, J.

The issue presented in this case is one of first impression in California: where a party is required by contract to submit a dispute to binding arbitration, but does not request that the arbitrator decide his entitlement to attorney fees even though that issue was part of the submission, may *704a trial court nonetheless determine that issue and make an award of fees and costs incurred in the arbitration? We answer this question in the negative and affirm the trial court’s denial of the plaintiff’s request for an award of such fees and costs.

Factual and Procedural Background

Juve…