What is the scope of judicial review of arbitration awards?

California, United States of America


The following excerpt is from Sharifpour v. Le, G047481 (Cal. App. 2014):

"The scope of judicial review of arbitration awards is extremely narrow because of the strong public policy in favor of arbitration and according finality to arbitration awards. [Citations.] An arbitrator's decision generally is not reviewable for errors of fact or law. [Citations.] However, Code of Civil Procedure section 1286.2 provides limited exceptions to this general rule, including an exception where '[t]he arbitrators exceeded their powers and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted.' [Citations.]" (Ahdout v. Hekmatjah (2013) 213 Cal.App.4th 21, 33.) An arbitrator exceeds his or her "powers within the meaning of Code of Civil Procedure section 1286.2 by issuing an award that violates a party's statutory rights or 'an explicit legislative expression of public policy.' [Citations.]" (Ahdout v. Hekmatjah, supra, 213 Cal.App.4th at p. 37.) "'[W]hether the arbitrator exceeded his or her powers . . . , and thus whether the award should have been vacated on that basis, is reviewed on appeal de novo.' [Citation.]" (Id. at p. 33.)

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