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In Search Of A Standard For Judicial Review Of Legal Error In Commercial Arbitration Awards, James R. Madison

Golden Gate University Law Review

This paper surveys cases under California law in which commercial arbitration awards have been reviewed for errors of law and proposes a coherent approach to judicial review of alleged errors of law in commercial arbitration awards. Both of the following issues will be addressed: 1. When and how courts should decide whether parties to an arbitration agreement have reserved arbitrator decisions on points of law for judicial review. 2. Whether and, if so, when and by what standard courts should review arbitrator decisions on points of law when the parties have not agreed to reserve such issues for review.