Can arbitration awards be appealed?
Yes, arbitration awards in Virginia can be appealed. Generally, the two parties in the arbitration will need to agree if they want to appeal the award, because they mutually agreed to submit to the arbitration process in the first place. If they do choose to appeal the award, they file a petition with the Circuit Court where the arbitration took place. The court will then review the case to assess if the award was made according to law, and if there was any type of misconduct on the part of the arbitrator. If the court finds the award to be inappropriate, then it will be vacated or altered. However, there are certain circumstances in which a court can review an arbitration award without the agreement of both parties. If the award is grossly unjust, not supported by the evidence, or violates public policy, the court may review and overturn the award. The court will also review the award if it exceeds the authority granted to the arbitrator in the arbitration agreement. It is important to keep in mind that the appeals process is governed by specific statutes, and is reserved only for extraordinary circumstances. Courts in Virginia are likely to defer to arbitration awards, and will only alter them if the evidence is clear that the award is invalid.
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