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Alternative Dispute Resolution

May 9, 2002

'Moncharch' and 'Armendariz' Didn't Address Standard-of-Review Issue

Focus Column - By Charles W. McCoy Jr. - Prior to Moncharsh v. Heily & Blase, 3 Cal.4th 1 (1992), California courts traditionally vacated arbitration decisions where "substantial injustice" had occurred (see Abbott v. California State Auto. Ass'n, 68 Cal.App.3d 763 (1997)) or where error was "spread[] ... upon the record" and the mistake was on a "palpable and material point" (e.g. Muldrow v. Norris, 2 Cal. 74 (1852)).

        Focus Column
        
        By Charles W. McCoy Jr.
        
        Prior to Moncharsh v. Heily & Blase, 3 Cal.4th 1 (1992), California courts traditionally vacated arbitration decisions where "substantial injustice" h...

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