SWAB FINANCIAL v. E Trade Securities

MOSK, J., Concurring.

I concur in the result, but write separately to discuss the standards of review to be employed by the trial court and by this court when a party seeks to vacate an arbitration award on the ground that the arbitrators refused to postpone a hearing.

The grounds for vacating an arbitration award are set forth in Code of Civil Procedure section 1286.2, subdivision (a)* 1 (section 1286.2). (See Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1 [10 Cal.Rptr.2d 183, 832 P.2d *1203899] .)2 If the trial court determines that any of those grounds exists, it “shall vacate the award.” (§…