What is the test for establishing that a claim is not a challenge to the legality of the award?
California, United States of America
The following excerpt is from Paramount Unified School Dist. v. Teachers Assn. of Paramount, 26 Cal.App.4th 1371, 32 Cal.Rptr.2d 311 (Cal. App. 1994):
Construing the contention as a challenge to the legality of the monetary award, we find no indication that this issue was raised before the arbitrator. The issue is thus waived for any judicial review. (See Moncharsh v. Heily & Blase, supra, 3 Cal.4th at pp. 30-31, 10 Cal.Rptr.2d 183, 832 P.2d 899.). However, for the future guidance of arbitrators and courts confronted with this issue, we address it on its merits.
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