Arbitrator Improperly Addressed Liability Issues When Initial Award Was Vacated Due To Improper Assessment Of Punitive Damages

In NCHF Ams II Houston, LLC v. Kaplan, a California Appellate Court vacated an arbitration award. This was the second vacatur. Vacatur #1 occurred when the court determined that the arbitrator improperly awarded punitive damages. This time around, the court determined it was error for the arbitrator to reconsider liability issues, since the only problem regarding the first award was with respect to damages.