NAMES

Petitioner appeals from an order, made pursuant to section 1287.2 of the Code of Civil Procedure, dismissing its petition to confirm the award of an arbitrator.

In June 1976, petitioner and respondent entered into a written agreement whereby petitioner agreed to perform certain work of repair and painting on a vessel owned by respondent. The agreement was in a printed form used by petitioner, signed by respondent. Directly under respondent’s signature there is printed, in type of the same size as that used for the rest of the form, the words “Subject to Provisions on the Reverse Side.” On the reverse side of the form appear four provisions, the last of which provides for arbitration. After the work was completed, respondent contended that it had not been done satisfactorily and refused payment. In accordance with the arbitration provision, petitioner filed a demand for arbitration; respondent refused to arbitrate and an ex parte hearing was held resulting in an award in favor of petitioner. It then filed its petition to conform to which respondent objected. The trial court held that there had been no assent by respondent to the arbitration provision and dismissed the…