POST ARBITRATION PROCEEDINGS
If you’ve completed an arbitration, and an award has been issued, what’s next? Post-arbitration proceedings are regulated by Code of Civil Proc. §§1286 and 1287 et seq.
If you’re the prevailing party, petition the court to confirm the award. The court issues a judgment confirming the award and the award is then enforceable as a judgment.
If you’re the losing party, consider petitioning to vacate or correct the award.
The Superior Court’s authority is limited. Statutory grounds are exclusive (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 13: No other grounds allowed for judicial review of award, even if the award is erroneous on its face.
The following are the grounds to vacate an arbitration award set by §1286.2
- - The award was procured by corruption, fraud or other undue means
- – Corruption in any of the arbitrators
- – The rights of the party were substantially prejudiced by misconduct of a neutral arbitrator
- – The arbitrators exceeded his or her powers and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted.
- – Error by the arbitrator is not “in excess of jurisdiction” (Moncharsh v. Heily & Blase, supra, 28)
- – -The rights of a party were substantially prejudiced by the arbitrator’s refusal to continue the hearing or hear the material evidence or other misconduct
- – -The arbitrator or proposed arbitrator failed to make the required disclosures
- – -The award was in excess of the arbitrator’s jurisdiction
A petition must be filed no later than 100 days of service of the arbitration award.