An arbitrator’s “partial final award” determining only that the parties’ arbitration agreement permits the claimant to move for class certification is not an “award” from which the losing party may petition the superior court for an order vacating the award. CCP 1283.4 defines an “award” as a writing that determines all issues submitted to the arbitrators for decision. This partial final award did not do so. Indeed, it didn’t even determine that a class should be certified—just that class arbitration was permitted by the parties’ agreement. To allow judicial review of such a preliminary procedural ruling would involve the courts repeatedly in the arbitration process, contrary to statutory intent. Nevertheless, the trial court’s order “denying” the petition to vacate the award was appealable since it dismissed the petition to vacate for lack of jurisdiction.
California Court of Appeal, First Appellate District, Division 2 (Miller, J.); August 21, 2018; 26 Cal. App. 5th 394