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J.C. GURY CO. v. NIPPON CARBIDE INDUSTRIES

No. B194926.

62 Cal.Rptr.3d 118 (2007)

152 Cal.App.4th 1300

J.C. GURY COMPANY, Plaintiff and Respondent, v. NIPPON CARBIDE INDUSTRIES (USA) INC., Respondent and Appellant.

Court of Appeal of California, Second District, Division Eight.

June 29, 2007.

Attorney(s) appearing for the Case

Law Offices of Joseph C. Markowitz, Los Angeles, for Appellant.

Mollis & Mollis and Charles A. Mollis, Newport Beach, for Respondent.

BOLAND, J.

SUMMARY

An arbitration clause provided that any controversy arising out of the parties' sales contract would be settled by arbitration, but specified the arbitrator had no power to make an award that had the effect of changing, modifying or altering any provision of the parties' contract. The arbitrator's award concluded that a clause disclaiming warranties and excluding consequential damages was unconscionable and unenforceable, and awarded damages...

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