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Alternative Dispute Resolution

Mar. 14, 2002

Provisions for Enhanced Review Face an Uncertain Fate in Court

Focus Column - By Richard Chernick - Some business people who would otherwise embrace arbitration as an effective alternative to litigation decline to do so because of the combined effect of the limited review of arbitration awards (Moncharsh v. Heily & Blase, 3 Cal.4th 1 (1992)) and the power of the arbitrator to impose remedies that even a court could not (Advanced Micro Devices Inc. v. Intel Corp., 9 Cal.4th 362 (1994)).

        Focus Column

        By Richard Chernick
        
        Some business people who would otherwise embrace arbitration as an effective alternative to litigation decline to do so because of the combined effect of the limited review of arbitration awards (Moncharsh v. Hei...

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