Efficient Injustice: The Demise of teh Substantial Injustice Exception to Arbitral Finality - Moncharsh v. Heily & (and) Blase

Smith, Michael J.

Journal: Journal of Dispute Resolution

Volume: 1993

Year: 1993

Bluebook Citation: 1993 J. DISP. RESOL. (1993)

Author: Michael J-H Smith: all 4 publications


Abstract

Judicial review of an arbitrator's decision has been a point of much controversy and discussion among jurisdictions. Many state legislatures have enacted arbitration statutes that list the grounds for review of an arbitrator's decision. However, over time, the courts have also developed some common law grounds for judicial review. Conflict often arose when a state's statute did not provide for review on the same grounds as common law.

This Note examines how the California Supreme Court dealt with the difference in the statutory and common law grounds for judicial review of an arbitrator's decision.

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