How can a party appeal an arbitration award?

In South Carolina, parties who are unhappy with an arbitration award may be able to appeal it. To appeal an arbitration award, the party must file a petition with the court to set aside or modify the arbitration award. The petition must be filed within three months of the date of the award. When appealing an arbitration award, the party must prove that the arbitrator acted improperly, such as by refusing to hear relevant evidence or evidence pertinent to the controversy. The party must also prove that there was a substantial injustice if the arbitration award is allowed to stand. If the court finds that the party has a valid reason for appealing the arbitration award, it may set aside or modify the award. The court can set aside a portion of the award, reverse the entire award, or modify the award in a way that is necessary to make it just and equitable. Once the court has decided to set aside or modify the arbitration award, the parties may be able to have the matter re-arbitrated. If the court finds that the arbitrator acted improperly, the court can direct the parties to have the matter re-arbitrated by a different arbitrator. In summary, a party in South Carolina who is unhappy with an arbitration award may be able to appeal the award by filing a petition with the court. The party must prove that the arbitrator acted improperly or that there was a substantial injustice. If the court agrees, it can set aside or modify the award, and the parties may be able to have the matter re-arbitrated.

Related FAQs

What happens if a party fails to comply with an arbitration award?
What types of disputes can be addressed through alternative dispute resolution?
What should a party expect from an alternative dispute resolution hearing?
What is the cost of using mediation?
What is the timeline for an alternative dispute resolution process?
What types of cases are not suitable for alternative dispute resolution?
What is the timeline for a mediation process?
What types of disputes can be addressed through arbitration?
What is the cost of using a collaborative law process?
What is the process of collaborative law?

Related Blog Posts

What is Alternative Dispute Resolution Law and How Can it Help You? - July 31, 2023
Comparing Alternative Dispute Resolution to Traditional Court Litigation - August 7, 2023
The Benefits of Adopting Alternative Dispute Resolution for Conflict Resolution - August 14, 2023
Exploring the Different Types of Alternative Dispute Resolution - August 21, 2023
Navigating the Legalities of Arbitration in Alternative Dispute Resolution - August 28, 2023