What is the test for appealing against a finding of fact or law made by arbitrators in an arbitration proceeding?

California, United States of America


The following excerpt is from Hohn, Application of, 229 Cal.App.2d 336, 40 Cal.Rptr. 125 (Cal. App. 1964):

[229 Cal.App.2d 342] More important and basic, however, is the rule that an appeal in an arbitration proceeding does not afford an avenue for challenging a finding of fact or law made by the arbitrators in the absence of fraud, corruption, prejudicial misconduct in procedural matters, exceeding the arbitrators' powers, or so imperfectly executing those powers that a mutual, final and definite award has not been made (Olivera v. Modiano-Schneider, Inc., 205 Cal.App.2d 9, 14, 23 Cal.Rptr. 30), for their determination is conclusive upon the court as well as the parties. None of these exceptions to the general rule is claimed to exist in this case.

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