Are there any restrictions on the enforcement of an arbitral award?
There are some restrictions on the enforcement of an arbitral award in Washington. According to the Revised Code of Washington Section 7.04A.260, an arbitral award may not be enforced if the award was procured by corruption, fraud, or undue means, if there was some kind of evident partiality or corruption on the part of the arbitrator, or if the arbitrator was found to have exceeded their powers. Additionally, the court in which enforcement is sought must not find any of the parties to have been incompetent to enter the arbitration agreement. An arbitral award must also not be enforced if the putative awardee was not given proper notice of the proceedings, or if the award is otherwise in conflict with Washington public policy. Additionally, an arbitration award that is not enforceable by a court may be enforced in other ways. If all parties involved voluntarily accept and agree to be bound by the terms of the award, they can be bound without going through the court system. This is because all parties voluntarily accepted the arbitrator’s decision. Additionally, the Washington Secretary of State has the power to enforce an award if both parties have agreed to arbitration and the arbitrator has rendered an enforceable award.
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