Judicial Review of Voluntary Arbitration - Explained
Preserving the Rights of the Parties
Written by J. Mance Gordon
Updated at April 20th, 2024
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How to Challenge an Arbitration Award?
Arbitration is a non-judicial process. As such, there is no appeal available. There is, however, a limited ability to challenge an arbitration award in an Art. III court.
The standard for challenging an arbitration award differs for voluntary and mandatory arbitrations.
What is Review of Voluntary Arbitration Awards?
Parties may challenge an arbitration award based upon the arbitrator exceeding her authority or based upon a contractual defense to the validity of the arbitration agreement.
That is, the court will not disturb an arbitrator's award based upon an error in the application of law or determination of a fact.
The challenging party must file a legal action attacking the validity of the arbitration agreement or the authority of the arbitrator.
For example, the arbitrator may have issued an award that affected property that was not subject to the original contract.
In general, arbitration clauses are liberally interpreted when a party contests the scope of the clause.
If the scope is debatable or reasonably in doubt, the clause is construed in favor of arbitration.
In summary, the fact that the arbitrator made an erroneous ruling or reached erroneous findings of fact are not grounds for setting aside the award.
Of course, an error of law may render the award void when it requires the parties to commit a crime or otherwise to violate a positive mandate of the law.
In any event, judicial review of the arbitration award may correct fraudulent or arbitrary actions by an arbitrator.
Related Topics
- Alternative Dispute Resolution (Intro)
- What is the Settlement of a Legal Dispute?
- Demand Letter
- What is Mediation?
- What are the advantages and disadvantages of Mediation?
- How Do Parties Initiate Mediation?
- What is the process for carrying out a mediation?
- What is the process for challenging a mediation agreement?
- What is Arbitration?
- What are the Advantages of Arbitration
- Initiating Arbitration Voluntary and Statutorily Mandated Arbitration?
- What is the procedure for carrying out an arbitration?
- Rules governing the arbitration Federal Arbitration Act
- What is the Judicial Review of Voluntary Arbitration?
- What is the Judicial Review of Mandatory Arbitration?
- What is Review under the Federal Arbitration Act?
- How are Arbitration Awards enforced?