What is the test for judicial review of an award made by an arbitrator?

California, United States of America


The following excerpt is from Jones v. Humanscale Corp., 130 Cal.App.4th 401, 29 Cal.Rptr.3d 881 (Cal. App. 2005):

of the parties that the award be final, and because an arbitrator is not ordinarily constrained to decide according to the rule of law, it is the general rule that, `The merits of the controversy between the parties are not subject to judicial review.' [Citations.] More specifically, courts will not review the validity of the arbitrator's reasoning. [Citations.] Further, a court may not review the sufficiency of the evidence supporting an arbitrator's award. [Citations.]" (Moncharsh v. Heily & Blase, supra, 3 Cal.4th at p. 11, 10 Cal.Rptr.2d 183, 832 P.2d 899.)

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