Unpublished Disposition, 904 F.2d 710 (9th Cir. 1990)

MEMORANDUM^** 

The parties here agreed to binding arbitration; we therefore will not review the merits of the dispute. See Thompson v. Tega-Rand Int'l, 740 F.2d 762, 763 (9th Cir. 1984) ("The reviewing court should not concern itself with the 'correctness' of an arbitration award."). Our review is limited to any allegations " [of] partiality on the part of an arbitrator, or that the arbitrator exceeded his authority, or that the award was rendered in manifest disregard of the law." Id. (quotation omitted); see also Summit Indus. Equip., Inc. v. Koll/Wells Bay Area, 186 Cal. App. 3d 309, 320, 230 Cal. Rptr. 565, 571 (1986) (under California law courts will interfere with an arbitrator's award of this type only if the award exceeds the arbitrator's authority or was determined completely irrationally). Because appellants have made no such allegations, we affirm the amended judgment which the district court entered in accordance with the arbitration award.

We award attorney's fees and costs to appellee. The appellants have failed to raise issues reviewable on appeal, and we therefore conclude that the appeal is frivolous and sanctions are appropriate. See Fed. R. App. P. 38 ("If a court of appeals shall determine that an appeal is frivolous, it may award just damages and single or double costs to the appellee."); see also French v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 784 F.2d 902, 909 (9th Cir. 1986) (an appeal is frivolous within the meaning of Rule 38 if the result is obvious or the arguments of error are wholly without merit); cf. Thompson, 740 F.2d at 764 ("Delaying and frivolous appeals have the effect of undermining both the arbitration and judicial systems. Attorneys' fees are an appropriate sanction in such a situation.").

AFFIRMED.