§ 1286.2.Grounds For Vacating Award
Title 9. Arbitration · Chapter 4. Enforcement of the Award · Article 1. Confirmation, Correction or Vacation of the Award · Last amended 2002 · Last verified July 29, 2026
Full Text of § 1286.2
Plain-English Summary
This section is the heart of the vacation chapter, and it is worth being precise about what it does and does not allow. The grounds it lists are exclusive and narrow, aimed at corruption, misconduct, and overreach -- not at giving a court a chance to second-guess how the arbitrator read the contract, weighed the evidence, or applied the law. Disagreeing with the arbitrator's reasoning or outcome is not, by itself, a reason to vacate.
The court must vacate the award if it finds any of the following: the award was procured by corruption, fraud, or other undue means; there was corruption in any of the arbitrators; a party's rights were substantially prejudiced by a neutral arbitrator's misconduct; the arbitrators exceeded their powers and the award cannot be corrected without affecting the merits of the decision; a party's rights were substantially prejudiced by the arbitrators' refusal to postpone the hearing on a sufficient showing of cause, their refusal to hear evidence material to the controversy, or other conduct of the arbitrators contrary to this title; or an arbitrator who made the award either failed to disclose, within the time required, a ground for disqualification the arbitrator was then aware of, or was subject to disqualification under Section 1281.91 and failed, on a timely demand, to step aside -- except that this last ground does not apply to arbitrations conducted under a collective bargaining agreement.
Subdivision (b) adds a check on the process itself: petitions to vacate an award are subject to Section 128.7, the general sanctions statute for improper filings, signaling that a vacation petition is not a costless way to relitigate or delay.
Frequently Asked Questions
Can a court vacate an award just because it disagrees with how the arbitrator decided the case?
No -- disagreeing with the arbitrator's reasoning or result is not a listed ground; the grounds focus on corruption, misconduct, exceeded authority, and undisclosed conflicts.
What happens if the arbitrators exceeded their powers?
The award is vacated only if it cannot be corrected without affecting the merits of the decision; if it can be fixed without touching the merits, correction under Section 1286.6 applies instead.
Does an arbitrator's failure to disclose a conflict of interest justify vacating the award?
Yes, if the arbitrator failed to timely disclose a disqualifying ground they knew about, or failed to step aside after a timely demand under Section 1281.91 -- except in arbitration under a collective bargaining agreement.
Are parties penalized for filing a frivolous petition to vacate?
Petitions to vacate are subject to Section 128.7, which allows sanctions for improper filings.
Amendment History
Amended by Stats 2001 ch 362 (SB 475), s 7, eff. 1/1/2002.