Can I challenge an arbitrator’s decision?

Yes, it is possible to challenge an arbitrator’s decision in California. This is done through a process called vacating or setting aside the arbitration award. The process is governed by the California Code of Civil Procedure, Section 1286.2. In order to successfully vacate an arbitration award, a party must demonstrate that the award was procured by corruption, fraud, or other undue means. Alternatively, a party can seek to vacate the award if the arbitrator exceeded their powers or based their decision on an alleged mistake of law. This is known as procedural irregularity. Vacating an arbitration award requires the party to file a request in the superior court of the county in which the arbitration took place. This is done within four months of the date of the award. A hearing will then be scheduled to review the arbitrator’s decision and reconsider the facts. If the court determines that the award was wrongly procured, exceeded the arbitrator’s powers, or was based on a mistake of law, they may grant the request and vacate the award. In this case, the parties may be awarded a new arbitration hearing with a different arbitrator, or potentially even an entire new trial. The court retains the right to make the final decision, however.

Related FAQs

Can an arbitration clause be modified?
What is a motion to disqualify an arbitrator?
Can I appeal an arbitration award?
Are there any limits to attorney’s fees in arbitration?
Can arbitration awards be appealed?
How do I challenge an arbitration award in court?
Is discovery allowed in arbitration?
What kinds of disputes can be brought to arbitration?
What is a Model International Commercial Arbitration clause?
Are there limits to the amount of attorney’s fees that can be awarded by an arbitrator?

Can I challenge an arbitrator’s decision?

Related FAQs

Related Blog Posts