Broad immunity from judicial merits review is a fundamental tenet of arbitration practice. Nearly 30 years ago, interpreting and applying the California Arbitration Act (the “CAA”), the California Supreme Court enunciated the principle that “an arbitrator’s decision is not generally reviewable for errors of fact or law, whether or not such error appears on the face of the award and causes substantial injustice to the parties.
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Many arbitration agreements contain a delegation clause – i.e., a clause delegating to an arbitrator the determination of whether a dispute is subject to arbitration.
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