Siegel

I. Introduction

Defendants, the Prudential Insurance Company of America (Prudential) and James Dinges, appeal from a judgment denying their petition to vacate an arbitration award. Additionally, they appeal from a judgment confirming the award in favor of plaintiff, Howard Siegel. Defendants argue that the manifest disregard for the law standard of review of the merits of an arbitration award must be applied to this case because California’s rule, which prohibits such, is preempted by the provisions of 9 United States Code sections 10 and 12 of the United States Arbitration Act (USAA). In the published portion of this opinion, we reject defendants’ contention that section 10 of the USAA preempts California’s rule precluding judicial review of the merits of an arbitrator’s award. We conclude the present effort to vacate the award is subject to judicial review pursuant to California’s arbitration statute, Code of Civil Procedure section 1286.2.

II. Background

On December 10, 1993, plaintiff filed a wrongful termination action against defendants in the superior court. The complaint alleged causes of action for: wrongful termination; breach of the implied contract of…