What is the effect of the "essence" test in federal courts?
California, United States of America
The following excerpt is from Advanced Micro Devices, Inc. v. Intel Corp., 36 Cal.Rptr.2d 581, 885 P.2d 994, 9 Cal.4th 362 (Cal. 1994):
In contrast to the California cases, decisions from the federal courts applying the "essence" test announced in Steelworkers v. Enterprise Corp., supra, 363 U.S. at page 597, 80 S.Ct. at page 1361 (hereafter Enterprise ) properly focus on the source of the arbitrators' chosen remedy. 11
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