How do I challenge an arbitration award?
If you have a dispute in Washington State involving an arbitration award, you can challenge the award by filing an application to vacate the award with the superior court in the county where the arbitration occurred. The application must be filed within three months of the date the award was issued. To challenge the award, you must make a compelling case that the arbitrator’s decision was based on fraud, corruption, misconduct, or conflict of interest on the part of the arbitrator. It must also be based on an error of law or other legal grounds, such as the award violates public policy or is unconscionable. When your application is filed, the court will set a hearing date and both parties will be required to attend. At this hearing, the court will decide if there is a legal reason to vacate the award. If the court decides to vacate the award, the case will be sent back to the arbitrator to be re-heard. The arbitrator will then consider the same evidence but must come to a different decision. If the court denies the application to vacate the award, the arbitration award will remain in effect. Any party wishing to appeal this decision must do so within 30 days of the court’s notification. In either case, legal advice can help you understand the process, ensure that your application is properly filed, and that your arguments are well presented to the court.
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