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§ 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

In one sentenceSection 1286.2 lists the exclusive statutory grounds for vacating an arbitration award -- corruption or fraud, arbitrator corruption or prejudicial misconduct, arbitrators exceeding their powers, refusal to postpone the hearing or hear material evidence, and an arbitrator's undisclosed or unresolved disqualification -- and subjects vacation petitions to the sanctions statute for frivolous filings.

Full Text of § 1286.2

Text sizeJump to: (a) (b)

(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.

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.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
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