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"opt in" to judicial review of an award for errors of fact or | | law. See, e.g., Moncarsh v. Heiley, & Blas, 3 Cal. 4th 1, 2, 832 | | P. 2d 899, 912 ("[I]n the absence of some limiting clause in the | | arbitration agreement, the merits of the award, either on | | questions of fact or of law, may not be reviewed except as | | provided in the statute.") (1992); Tretina Printing, Inc. v. | | Fitzpatrick & Associates, Inc., 135 N.J. 349, 357-58, 640 A. 2d. | | 788 (1994) ("[T]he parties are free to expand the scope of | | judicial review by providing for such expansion in their | | contract"). By including Section 23 as one of the referenced | | sections in Section 4(c), the Drafting Committee did not intend | | that an opt-in clause would "vary a requirement" of Section 23. | | If authoritative case law recognizes an opt-in standard of | | review, Section 4(c) is not intended to prohibit such a clause | | in an arbitration agreement. |
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| | | f. Section 25(a) and (b) provides the mechanisms for a court | | to enter judgment and to award costs. Because these powers are | | within the province of a court they are not waivable. Section | | 25(c) concerns remedies of attorney's fees and litigation | | expenses that, similar to other remedies in Section 21, | | parties can determine by agreement. |
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| | | g. Parties cannot vary the nonwaivability provision of this | | section, the uniformity of interpretation in Section 29, the | | applicability of the Electronic Signatures in Global and | | National Commerce Act of Section 30, the effective date in | | Section 31, the application of the Act in Section 3(a) and | | (c), Section 32 regarding repeal of the UAA or the savings | | clause in Section 33. |
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| | | §8705. Application for judicial relief |
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| | | 1.__Motion for judicial relief.__Except as otherwise | | provided in section 8728, an application for judicial relief | | under this chapter must be made by motion to the court and | | heard in the manner provided by law or rule of court for | | making and hearing motions. |
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| | | 2.__Notice of motion. Unless a civil action involving the | | agreement to arbitrate is pending, notice of an initial motion | | to the court under this chapter must be served in the manner | | provided by law for the service of a summons in a civil | | action. Otherwise, notice of the motion must be given in the | | manner provided by law or rule of court for serving motions in | | pending cases. |
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