What is the effect of a de novo review of an arbitration award?

California, United States of America


The following excerpt is from Haworth v. The Superior Court Of Los Angeles County, 112 Cal.Rptr.3d 853, 235 P.3d 152, 50 Cal.4th 372 (Cal. 2010):

The concerns of judicial administration noted in People v. Louis, supra, 42 Cal.3d at page 986, 232 Cal.Rptr. 110, 728 P.2d 180 (efficiency, accuracy, and precedential weight), militate in favor of de novo review. In ruling on a petition to vacate an arbitration award, the superior court is itself reviewing a decision by the arbitrator not to disclose, based upon the facts known to the arbitrator at the time required for disclosure. That court is in no better position than an appellate court to resolve the question of whether a reasonable person would doubt the arbitrator's ability to be impartial. Additionally, in the appellate court, three judges bring their expertise to bear on the issue, increasing the likelihood of accurate decisions.

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