In Re Frick

NOURSE, P. J.

Motion to affirm under Rule V, section 3, Rules for Supreme Court and District Courts of Appeal.

The appeal is from a judgment confirming an award of arbitrators. The appellant had moved in the superior court to vacate the award on the ground that the arbitrators “were guilty of misconduct and committed gross error and otherwise acted improperly”. He offered in evidence a transcript of the entire evidence taken before the arbitrators for the purpose of showing that the evidence did not support certain findings of facts and conclusions based thereon. The trial court refused to receive the transcript in evidence and, no other showing having been made, entered its judgment confirming the award.

Appellant’s brief on the appeal from the judgment is confined to a discussion of the evidence taken before the arbitrators and to the argument that the arbitrators should have drawn a different conclusion as to the relation of the parties. There is no assignment of error and no suggestion

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that the trial court erred in its judgment. The single point involved on the appeal is whether the articles of arbitration made it a general or a special arbitration and, as such, whether the award is reviewable. The point is not even referred to in the brief and hence could not be considered if the appeal were to be heard on the merits.

Arbitrations are governed by sections 1280-1293 of the Code of Civil Procedure. Vacation of an award is permitted by section 1288 when it was procured by corruption, fraud or undue means, or when the arbitrators were guilty of misconduct in refusing to hear pertinent evidence, or of any other misbehavior. The appellants made no effort to prove any of the grounds thus specified. The offer of the entire transcript of the proceedings before the arbitrators was simply an offer to retry before the superior court all the issues tried and determined by the arbitrators. The grounds stated in the motion to vacate the award were that the arbitrators were “guilty of misconduct and committed gross error and otherwise acted improperly” in that their award was contrary to the evidence, that the evidence was insufficient to support the award and that it was “against law, equity and good conscience”. Now it is conceded that, if arbitration was a “general” one, the findings of the arbitrators on questions of law as well as on questions of fact are final and conclusive and may not be reviewed by the courts (except for fraud or similar misconduct or unless the error appears on the face of the award). (2 R. C. L. p. 392; 5 C. J., p. 161; 3 Cal. Jur., p. 77;