2010 California Code
Code of Civil Procedure
Article 1. Confirmation, Correction Or Vacation Of The Award

CODE OF CIVIL PROCEDURE
SECTION 1285-1287.6



1285.  Any party to an arbitration in which an award has been made
may petition the court to confirm, correct or vacate the award. The
petition shall name as respondents all parties to the arbitration and
may name as respondents any other persons bound by the arbitration
award.


1285.2.  A response to a petition under this chapter may request the
court to dismiss the petition or to confirm, correct or vacate the
award.


1285.4.  A petition under this chapter shall:
   (a) Set forth the substance of or have attached a copy of the
agreement to arbitrate unless the petitioner denies the existence of
such an agreement.
   (b) Set forth names of the arbitrators.
   (c) Set forth or have attached a copy of the award and the written
opinion of the arbitrators, if any.



1285.6.  Unless a copy thereof is set forth in or attached to the
petition, a response to a petition under this chapter shall:
   (a) Set forth the substance of or have attached a copy of the
agreement to arbitrate unless the respondent denies the existence of
such an agreement.
   (b) Set forth the names of the arbitrators.
   (c) Set forth or have attached a copy of the award and the written
opinion of the arbitrators, if any.



1285.8.  A petition to correct or vacate an award, or a response
requesting such relief, shall set forth the grounds on which the
request for such relief is based.



1286.  If a petition or response under this chapter is duly served
and filed, the court shall confirm the award as made, whether
rendered in this state or another state, unless in accordance with
this chapter it corrects the award and confirms it as corrected,
vacates the award or dismisses the proceedings.



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.



1286.4.  The court may not vacate an award unless:
   (a) A petition or response requesting that the award be vacated
has been duly served and filed; or
   (b) A petition or response requesting that the award be corrected
has been duly served and filed and;
   (1) All petitioners and respondents are before the court; or
   (2) All petitioners and respondents have been given reasonable
notice that the court will be requested at the hearing to vacate the
award or that the court on its own motion has determined to vacate
the award and all petitioners and respondents have been given an
opportunity to show why the award should not be vacated.




1286.6.  Subject to Section 1286.8, the court, unless it vacates the
award pursuant to Section 1286.2, shall correct the award and
confirm it as corrected if the court determines that:
   (a) There was an evident miscalculation of figures or an evident
mistake in the description of any person, thing or property referred
to in the award;
   (b) The arbitrators exceeded their powers but the award may be
corrected without affecting the merits of the decision upon the
controversy submitted; or
   (c) The award is imperfect in a matter of form, not affecting the
merits of the controversy.



1286.8.  The court may not correct an award unless:
   (a) A petition or response requesting that the award be corrected
has been duly served and filed; or
   (b) A petition or response requesting that the award be vacated
has been duly served and filed and:
   (1) All petitioners and respondents are before the court; or
   (2) All petitioners and respondents have been given reasonable
notice that the court will be requested at the hearing to correct the
award or that the court on its own motion has determined to correct
the award and all petitioners and respondents have been given an
opportunity to show why the award should not be corrected.




1287.  If the award is vacated, the court may order a rehearing
before new arbitrators. If the award is vacated on the grounds set
forth in subdivision (d) or (e) of Section 1286.2, the court with the
consent of the parties to the court proceeding may order a rehearing
before the original arbitrators.
   If the arbitration agreement requires that the award be made
within a specified period of time, the rehearing may nevertheless be
held and the award made within an equal period of time beginning with
the date of the order for rehearing but only if the court determines
that the purpose of the time limit agreed upon by the parties to the
arbitration agreement will not be frustrated by the application of
this provision.



1287.2.  The court shall dismiss the proceeding under this chapter
as to any person named as a respondent if the court determines that
such person was not bound by the arbitration award and was not a
party to the arbitration.


1287.4.  If an award is confirmed, judgment shall be entered in
conformity therewith. The judgment so entered has the same force and
effect as, and is subject to all the provisions of law relating to, a
judgment in a civil action of the same jurisdictional
classification; and it may be enforced like any other judgment of the
court in which it is entered, in an action of the same
jurisdictional classification.



1287.6.  An award that has not been confirmed or vacated has the
same force and effect as a contract in writing between the parties to
the arbitration.

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