Alternative Dispute Resolution
Jan. 4, 2011
The Debate Over Arbitral Finality
The review of arbitration awards by trial courts poses potentially serious consequences to our overtaxed system. By Frank J. Coughlin.
In 1992, Chief Justice Malcolm M. Lucas wrote that "an arbitration decision is final and conclusive because the parties have agreed that it be so." Moncharsh v. Heily & Blase, 3 Cal.4th 1 (1992). A compelling case can be made that an arbitration award is final because Code of Civil Procedure Section 1286.2 - which is essentially unchanged from its 1927 predecessor, and materially the same as the original provision enacted...
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