What is the legal test for a motion to vacate or confirm an award made by an arbitrator at an arbitration?

California, United States of America


The following excerpt is from State Farm Fire & Casualty v. Hardin, 211 Cal.App.3d 501, 259 Cal.Rptr. 433 (Cal. App. 1989):

"In general, we agree with those courts which have enunciated the principle that the preferred procedure in arbitration proceedings is to proceed with the arbitration and attack the intermediate rulings in connection with a petition to vacate or confirm the arbitrator's award or on appeal from a judgment confirming the award." (International Film Investors v. Arbitration Tribunal of Directors Guild (1984) 152 Cal.App.3d 699, 706, 199 Cal.Rptr. 690.)

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