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Page 9 of 35 |
Can I oppose confirmation of an arbitration award? |
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Yes. The party who "wins" in the arbitration typically goes to court seeking confirmation of the award. The process for confirming an award is very different from a typical "appeal" and usually is very speedy.
The losing party in the arbitration may oppose the winner’s petition for confirmation and/or bring a separate action to set aside ("vacate") the award. However, it is very unusual for courts to vacate arbitration awards.
In order to have an arbitration award vacated it is usually necessary to show (1) a serious conflict of interest on the part of a neutral arbitrator, (2) the award was not "final", (3) it covered a subject that was outside the scope of the arbitration agreement, or (4) it provided an amount or kind of relief that the arbitrator was expressly precluded from awarding. See the section on Arbitration for much more information. |
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