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California Code Of Civil Procedure Section 1286.2

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 1286.2

(a) Subject to Section 1286.4, the court shall vacate the
award if the court determines any of the following:
   (1) The award was procured by corruption, fraud or other undue
means.
   (2) There was corruption in any of the arbitrators.
   (3) The rights of the party were substantially prejudiced by
misconduct of a neutral arbitrator.
   (4) The arbitrators exceeded their powers and the award cannot be
corrected without affecting the merits of the decision upon the
controversy submitted.
   (5) The rights of the party were substantially prejudiced by the
refusal of the arbitrators to postpone the hearing upon sufficient
cause being shown therefor or by the refusal of the arbitrators to
hear evidence material to the controversy or by other conduct of the
arbitrators contrary to the provisions of this title.
   (6) An arbitrator making the award either:  (A) failed to disclose
within the time required for disclosure a ground for
disqualification of which the arbitrator was then aware; or (B) was
subject to disqualification upon grounds specified in Section 1281.91
but failed upon receipt of timely demand to disqualify himself or
herself as required by that provision.  However, this subdivision
does not apply to arbitration proceedings conducted under a
collective bargaining agreement between employers and employees or
between their respective representatives.
   (b) Petitions to vacate an arbitration award pursuant to Section
1285 are subject to the provisions of Section 128.7.

Last modified: January 12, 2009