How do I challenge an arbitration award?
In Kansas, challenging an arbitration award requires a filing of a petition to vacate, modify, or correct the award. The petition must be filed with the clerk of the district court in the county where the arbitration was conducted. When filing the petition, it is important to include a copy of the arbitration award and state the grounds for challenging the award and any evidence supporting the challenge. The grounds for challenging an arbitration award in Kansas must be one of the following: (1) the award was procured by corruption, fraud, or undue means; (2) there was evident partiality by the arbitrator; (3) the arbitrator exceeded his or her powers; or (4) the arbitrator exhibited a corruption, fraud, or undue means. If the court finds that one of these grounds is present, then the court may vacate, modify, or correct the award. The court may also dismiss the petition to vacate, modify, or correct the award if it finds that the award is valid and enforceable. It is important to keep in mind that the party challenging the award must prove the grounds for challenge by a preponderance of the evidence. As a result, it is important to be prepared with evidence that supports the challenge. Additionally, it is important to file the petition to vacate, modify, or correct the award within 90 days of the date of the award.
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