About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

17 UCLA Ent. L. Rev. 1 (2010)

handle is hein.journals/uclaetrlr17 and id is 1 raw text is: Judicial Review of Arbitration Awards After Cable Connection: Towards a Due Process Model Peter M. Hoffman* and Lindsee Gendron+ I. INTRODUCTION Both federal law' and California law2 authorize the courts to refuse to enforce an arbitration award by vacatur, or vacating the award. Vacatur is, in effect, judicial review of an arbitration award. While similar to an appeal of a trial court decision, vacatur effectively ends the matter by granting a court judgment to the party that lost the arbitration. The vacatur provisions of the FAA and CAA (collectively, Arbitration Acts) provide that an award shall be enforced unless the grounds for a vacatur (or even more limited grounds for amendment) are present. The statutory scheme rarely combines reversal (i.e. vacatur) with a remanding of the matter for rehearing by the arbitrator or correction of material legal or procedural errors, as is often the case in appellate review of a trial court decision.3 Such an all or * J.D. Yale Univ. 1974. Member, California State Bar. CEO of Seven Arts Pictures plc (NASDAQ:SAPX), 1997 - present; CEO of CineVisions, 1992-1997; CEO of Carolco Pictures Inc. (NYSE:CRC), 1986-1992; founder and shareholder of Gipson, Hoffman & Pancione, 1983-1986; associate and partner, Irell & Manella, 1975-1982; law clerk, Chief Judge David L. Bazelon, U.S. Court of Appeals for the District of Columbia Circuit, 1974-75. + J.D. UCLA School of Law, 2009. Member, California State Bar. 1 The Federal Arbitration Act (hereinafter FAA) is codified at 9 USC § 1 et seq.; 9 USC § 10 governs vacatur. 2 The California Arbitration Act (hereinafter CAA) is codified at CAL. Civ. PROC. CODE § 1280 et seq.; CAL. Civ. PRoc. CODE § 1286.2 governs vacatur; The New York Arbitration Act is codified at NY CPLR § 7501 et seq.; NY CPLR § 7511 governs vacatur. 3 See. e.g. Jordan v. Cal. Dep't. of Motor Vehicles, 123 Cal. Rptr. 2d 122, 139-40 (2002) (vacatur is only remedy unless an award can be corrected without affecting the results of the decision). Unlike the FAA, N.Y. C.P.L.R § 7511(d) and CAL. Civ. PRoc. CODE § 1287 permits a court to order a rehearing before new arbitrators (or the same arbitrators with the

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most