How do I challenge the jurisdiction of an arbitrator?
In Kansas, the court system can be used to challenge the jurisdiction of an arbitrator. This is done by filing a motion to vacate, modify, or correct an arbitration award. The motion must be filed within 90 days of the award being issued. The court will review and decide whether the arbitrator had the authority to consider and issue a decision on the dispute given the facts and circumstances presented. In your motion to vacate, you must provide evidence that the arbitrator’s decision was either entered without jurisdiction or was based on an incorrect interpretation of the law. For example, if the dispute is about a contract and the arbitrator issues a decision without considering the language of the contract, the court could find that the arbitrator acted without jurisdiction. To challenge the jurisdiction of an arbitrator, you must also submit all relevant evidence to the court. This can include documents, evidence, and witness testimony. You may also decide to present your case at the court hearing. When presenting your case, you must be prepared to explain why you believe the arbitrator acted without jurisdiction or based their decision on an incorrect interpretation of the law. Ultimately, it is up to the court to decide whether the arbitrator had the jurisdiction to issue the decision. If the court finds that the arbitrator acted outside of their jurisdiction, then the court will vacate the decision and send the case back to the arbitrator to be re-decided.
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