Can an arbitration award be annulled?
Yes, an arbitration award can be annulled in Oregon. An arbitrator’s award, or decision, is legally binding when entered by a court of law. If an aggrieved party wishes to annul, or set aside, an arbitration award, they must file an annulment action in the court in which the award was entered. Annulment may only be granted in certain limited circumstances including fraud or other bad faith conduct, or if the award was procured by corruption, bribery, or undue means. In order to obtain an annulment in Oregon, the aggrieved party must demonstrate that one of the circumstances granting the right to annulment occurred. This must be done within 180 days of the award being entered by the court. In some cases, the aggrieved party must also demonstrate that their position in the arbitration was substantially prejudiced by the cause of annulment. The Oregon Court of Appeals has further specified that the burden of proof for annulment rests on the filing party. That is, the party seeking to annul the arbitration award must provide evidence that the cause justifying annulment occurred, and that the award was substantially prejudiced by it. In summary, annulment action can be taken in Oregon against an arbitration award. This action must be taken within 180 days of the award being entered by the court, and the filing party must demonstrate that a cause of annulment occurred and that their position in the arbitration was substantially prejudiced by it.
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