What is the test for judicial review of an arbitration agreement?
California, United States of America
The following excerpt is from State Farm Mut. Auto. Ins. Co. v. Superior Court, 23 Cal.App.4th 1297, 28 Cal.Rptr.2d 711 (Cal. App. 1994):
Although every intendment will be indulged to give effect to this favored method of resolving disputes, the parties to an arbitration agreement are free to delineate the scope of issues subject to the arbitrator's powers. "... [J]udicial review is thus strictly limited to a determination of whether the party resisting arbitration in fact agreed to arbitrate. [Citations.]" (Painters Dist. Council No. 33 v. Moen (1982) 128 Cal.App.3d 1032, 1037, 181 Cal.Rptr. 17, fn. omitted.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
