Can I challenge an arbitrator’s decision?
Yes, you can challenge an arbitrator’s decision in Florida. An arbitrator’s decision is considered final and binding under Florida law. However, an award can be challenged through a process known as vacatur. Vacating an arbitration award is a court process that requires either party to prove that the arbitrator was not impartial, that the arbitrator did not follow the law, or that the arbitration award was contrary to public policy. It is important to note, however, that vacatur is a highly complex process and can be difficult to prove. The party challenging the award must also file their challenge within the statute of limitations, which in Florida is generally five years. When deciding whether or not to vacate an arbitration award, the court looks at the language of the arbitration agreement, laws governing the dispute, and public policy considerations. In addition, any party may also request a review of the award by a court of appeals. This review is limited to determining whether the arbitrator followed proper procedures, acted in an impartial manner, and properly applied legal principles. This is a limited review and can not be used to directly challenge the decision of the arbitrator. As a result, challenging an arbitrator’s decision in Florida is possible, but it is important to understand both the process of vacatur or review by a court of appeals, and the legal considerations involved.
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