Are there any grounds for setting aside an arbitration award?
Yes, there are grounds for setting aside an arbitration award in Indiana. Under Indiana law, an arbitration award can be set aside if there is a lack of jurisdiction, fraud, corruption or misconduct by the arbitrator, an obvious mistake or misapplication of the law, or if the arbitration was agreed to without capacity or authority to do so. Additionally, an arbitration award may be set aside if the arbitrator fails to comply with the procedures specified in the agreement for conducting the arbitration, or if public policy or other rules of law make the award unenforceable. In order to have an arbitration award set aside, a party must file a motion to vacate with the court in the county where the arbitration took place. The motion must include the parties’ names, the amount of the award, the date of the award, and the name of the arbitral tribunal. The court will then consider the motion and make a determination as to whether the award should be set aside. If the court finds that the award should not be set aside, it will enforce the arbitration award and any party who fails to comply can be subject to civil consequences. On the other hand, if the court finds that the award should be set aside, the arbitration will be voided and the parties can then resolve their dispute either through further arbitration or through litigation.
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