Advanced Micro Devices, Inc. v. Intel Corp.

KENNARD, J., Dissenting.

In Moncharsh v. Hetty & Blase (1992) 3 Cal.4th 1 [10 Cal.Rptr.2d 183, 832 P.2d 899], a majority of this court held that an arbitrator’s error in deciding the merits of a claim cannot be judicially reviewed or corrected, even when the error is manifest on the face of the arbitrator’s decision and causes substantial injustice. In this case, the majority takes another major step in the direction of turning arbitration into a game of chance and an instrument of injustice. With Moncharsh having removed all protection against an arbitrator’s errors in deciding the merits of…