How to I challenge an arbitrator’s decision?

In Montana, if an individual wishes to challenge the decision of an arbitrator they have two options: appeal the decision through the court system, or move to have the decision vacated. To appeal the decision, the individual must file a motion with the district court in the county where the arbitrator made the decision and submit the arbitration agreement. The motion must be filed within 90 days of the date the decision was rendered. If the court finds that the arbitrator’s decision was incorrect or the arbitrator was not impartial, the decision may be overturned. The other option to challenge an arbitrator’s decision is to petition a court to have the decision vacated. This can be done if the individual can demonstrate either that the decision was issued in violation of the law or if the arbitrator failed to follow the arbitration agreement. To file a motion to vacate, the individual must do so in the district court of the county in which the arbitrator made the decision. The individual must do this within one year of the date the decision was issued. If the court agrees with the individual, the decision of the arbitrator will be vacated and the dispute will be heard again. It is important to note that the decision of an arbitrator is final and binding and cannot be appealed simply because the individual is unhappy with the decision. With either appeal or vacate options, the individual will need to have a compelling argument to demonstrate why the arbitrator’s decision was incorrect or that the arbitrator failed to follow the agreement.

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