How do I challenge the jurisdiction of an arbitrator?

In South Dakota, a party to an arbitration can challenge the jurisdiction of an arbitrator by filing a motion to vacate the arbitration award. This motion must be filed within 90 days of the entry of the award in the court in order for the court to consider it. The motion should be supported by an affidavit explaining why the jurisdiction of the arbitrator should be challenged, such as a lack of authority under the contract to decide the issues in dispute, or a violation of due process. If the motion is granted, the court may vacate the arbitration award and remand the case back to the arbitrator for further proceedings. Additionally, the court may dismiss the motion altogether if the arguments provided do not meet the necessary criteria. The party challenging the jurisdiction of the arbitrator ought to consider the expense involved in challenging the jurisdiction, as there is no guarantee of a successful outcome. Ultimately, the decision to challenge the jurisdiction of an arbitrator is up to the individual party and should be considered carefully.

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How do I challenge the jurisdiction of an arbitrator?

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