California Court of Appeal

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J.C. Gury Co. v. Nippon Carbide Indus. Inc., B194926

Arbitrator's award concluding that a clause disclaiming warranties and excluding consequential damages was unconscionable and unenforceable, and awarding damages to buyer on that basis is affirmed as the seller expressly responded to the buyer's claim of unconscionability and failed to assert, at any time before or during the arbitration proceeding, that the arbitrator's power to find the clause unconscionable or unenforceable was limited by the arbitration clause.

Appellate Information

  • Decided 06/29/2007
  • Published 06/29/2007


  • BOLAND, J.


  • California Court of Appeal


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

  • For Appellees:
  • Mollis & Mollis and Charles A. Mollis, Newport Beach, for Respondent.
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