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2309 In deciding whether parties who submitted a matter to be heard by a panel under rules of the American Arbitration Association intended the proceeding to be a reference or a binding arbitration, the conduct of the parties after the proceeding began is the most important factor, and their concurrence in the panelists' statement that they were sitting as arbitrators is sufficient to justify the conclusion that the parties intended the proceeding to be binding arbitration.CitationSY v CHEUNG (Fish or Fowl) 70 CA4 1334 [See: CCP 638; Jovine v FHP 64 CA4h 1506; Ruisi v Thieriot 53 CA4 1197; Cheng-Canindin v Renaissance 50 CA4 676, T/AT 12/96]
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