What is the role of an arbitrator acting pursuant to a written agreement to arbitrate?

California, United States of America


The following excerpt is from Marriage of Assemi, In re, 30 Cal.Rptr.2d 265, 7 Cal.4th 896, 872 P.2d 1190 (Cal. 1994):

The role of an arbitrator acting pursuant to a private written agreement to arbitrate, in proceedings governed by the private arbitration statutory scheme ( 1280 et seq.), differs from that of a temporary judge in several respects. The arbitrator need not be sworn or take an oath of office in order to serve in that capacity. The arbitration proceedings are not governed by the rules of evidence or judicial procedures applicable to superior court trials, unless the arbitration agreement provides otherwise. ( 1282.2, subd. (d).) The arbitrator issues an award, rather than a final appealable judgment, and a party to the proceedings must petition the court to confirm, correct, or vacate that award ( 1285), with limited grounds for correction ( 1286.6) or vacation ( 1286.2) being available; additionally, the arbitrator's decision generally is not reviewable for errors of fact or law (see Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 6, 11, 10 Cal.Rptr.2d 183, 832 P.2d 899).

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