How do I challenge the jurisdiction of an arbitrator?

In Washington, challenging the jurisdiction of an arbitrator is done by filing a motion with the arbitrator. The motion should include an explanation of why the arbitrator should not have jurisdiction over the dispute. This explanation should include facts which demonstrate the arbitrator does not have the power to decide the dispute. Generally, this involves proving that the specific law, contract, or agreement in question does not confer jurisdiction to the arbitrator. If the arbitrator denies the motion, a party can also file a petition with a court. This is known as “vacating” an arbitrator’s award. The petition should explain why the award should be invalidated and why the arbitrator did not have jurisdiction. The court may then review the award and vacate it if it agrees with the argument that the arbitrator lacked jurisdiction. Finally, a party may also challenge the jurisdiction of the arbitrator during the arbitration proceeding itself. The party must make an objection that the arbitrator does not have jurisdiction before the arbitration is complete. The arbitrator must then decide whether or not the motion is valid. If the motion is accepted, the case will likely be dismissed. All in all, challenging the jurisdiction of an arbitrator in Washington can be a complex process. It is important to understand the underlying laws and regulations before proceeding, and to seek the help of a lawyer if needed.

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