How do I challenge an arbitration award in court?
In order to challenge an arbitration award in court in North Carolina, you need to file a complaint with the appropriate court. The complaint must be filed within a specific timeframe, which depends on whether the arbitration agreement was written or verbal. For verbal arbitration agreements, the complaint must be filed within 60 days after the award was issued. For written arbitration agreements, the complaint must be filed within three months after the award was issued. When filing the complaint, make sure to include a copy of the arbitration award and a brief explanation of why you disagree with the award. This can include any errors or misunderstandings that led to the award. Once the complaint is filed, the court will review it and determine whether or not the award should be enforced. If the court determines that the award should not be enforced, they will set it aside and may require a new arbitration process. It is important to note that challenging an arbitration award is not an easy process. If the court does decide to set aside the award, the parties to the arbitration process may also have to pay court costs and attorney fees.
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