California, United States of America
The following excerpt is from O'Malley, Application of, 299 P.2d 1051 (Cal. App. 1956):
Sections 1288 and 1289 provide for vacation etc. upon 'application.' Here appellants did not present objections to the arbitration award by an affirmative, original petition but rather in the form of an answer to respondent's application for confirmation. However, section 1287 makes no mention of the procedure for a party dissatisfied with an award; it is only the party who desires a confirmation of the award that must under that section make application to the court for such an order. In a situation similar to the one at bar, a union applied to the superior court for an order confirming an award. The employer answered and filed a counter application for an order vacating the award. This procedure was held to be proper. Flores v. Barman, 130 Cal.App.2d 282, 286, 279 P.2d 81.
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