What is a motion to vacate an arbitration award?
A motion to vacate an arbitration award is a legal document that is filed with a court to set aside (or vacate) an arbitration award, which is a decision made by an arbitrator. In Indiana, any party to an arbitration case can file a motion to vacate the arbitration award if they believe the award is not supported by the evidence or if it was the result of fraud or a mutual mistake of fact. The motion to vacate must be filed within thirty days after the date the award was issued or the party will lose the right to challenge the award. When a motion to vacate an arbitration award is filed, the court will consider the arguments that were made in the motion, as well as any evidence that was presented to the arbitrator. If the court decides that the award should be vacated, it will render a judgment against the arbitrator and order the award vacated. The parties may then proceed to court to resolve their dispute. The court may also award the party filing the motion for vacating the arbitration award reasonable attorney’s fees or costs. In general, motions to vacate arbitration awards are difficult to win, and should only be attempted with legal counsel. The court will not lightly vacate an award, and the burden of proof to do so rests on the party filing the motion. It is important to understand that a motion to vacate an arbitration award in Indiana must be filed within thirty days after the award is issued or the right to challenge the award will be lost.
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