Volume 119 — Washington Reports, Second Series

<bold>[1] Arbitration — Judicial Review — Appellate Review — Grounds —</bold> <bold>Authority.</bold> Appellate review of an issue submitted to arbitration under RCW 7.04 is strictly limited to the grounds set forth in RCW 7.04.160 and .170.<page_number>Page 152</page_number> <bold>[2] Appeal — Review — Scope — Duty of Appellate Court.</bold> An appellate court has the duty to determine the extent of review whether or not that issue is raised by the parties. <bold>[3] Arbitration — Judicial Review — Appellate Review — Scope —</bold> <bold>Merits of Case.</bold> Appellate review of an arbitration award does not include review of the merits of the case. <bold>[4] Arbitration — Nature of Proceeding — Stipulation — Effect.</bold> A stipulation that the proceedings did not constitute arbitration when the record indicates that the dispute was in fact determined by arbitration will not be effective. <bold>[5] Action — Nature — Statutory Action — Intent — Stipulation —</bold> <bold>Effect.</bold> Parties to a dispute cannot agree to proceed under the dictates of one statute and then later state that they intended to proceed under another. <bold>[6] Arbitration — Nature of Proceeding — Determination —</bold> <bold>Factors.</bold> In determining whether a proceeding is properly classified as arbitration subject to the procedures set forth in RCW 7.04 or a reference hearing subject to the procedures set forth in RCW 4.48, a court may consider references in the record, whether the proceeding was intended to be confidential, and whether the parties intended that the record be sealed. <bold>[7] Courts — Jurisdiction — Stipulation — Effect.</bold> Parties to a dispute cannot stipulate to jurisdiction. <bold>[8] Appeal — Review — Scope — Agreement To Limit — Effect.</bold> Parties to a dispute cannot by agreement create their own boundaries of judicial review. <bold>[9] Arbitration — Judicial Review — Appellate Review — Scope —</bold> <bold>Stipulation — Effect.</bold> The nature and scope of appellate review of an arbitrator's decision cannot be stipulated to by the parties to the dispute; appellate review is governed by RCW 7.04.150-.170.

<bold>[1] Declaratory Judgment — Review — Applicable Rules.</bold> A declaratory judgment is reviewed pursuant to the same rules as any other appeal. <bold>[2] Judgment — Summary Judgment — Review — In General.</bold> An appellate court reviewing a summary judgment engages in the same inquiry as the trial court. It considers the facts in the light most favorable to the nonmoving party to determine whether any genuine issue of material fact exists. If no such issue exists, and reasonable persons could reach only one conclusion from the evidence, the moving party is entitled to the judgment as a matter of law. <bold>[3] Administrative Law — Rules — What Constitutes — "Of General</bold> <bold>Applicability".</bold> An administrative standard satisfies the "of general applicability" element of the definition of a "rule" set forth in RCW <cross_reference>34.05.010</cross_reference>(15) if it applies uniformly to all parties who comprise a specific class.