How to I challenge an arbitrator’s decision?
In Virginia, challenging an arbitrator’s decision can be difficult as it is typically intended to be a final and binding resolution. An arbitrator’s decision can be challenged in court if there is proof that the decision was not made within the scope of the parties’ agreement or that the process deviated from the rules established for the arbitration. Generally, Virginia law requires that you file a petition for review in court within 90 days of the arbitration award. When filing the petition, you must outline why you believe that the arbitrator’s decision was incorrect and must provide evidence to support your claim. In Virginia, evidence includes testimony, documents, and other pieces of evidence that could have been presented in the arbitration process. If your challenge focuses on a procedural issue, such as how the arbitrator conducted the hearing, you will have to prove that objecting to the action would have made a difference in the outcome. If you believe that the arbitrator’s decision is obviously wrong, you can also file a motion to vacate the award. This option allows the court to review the decision and potentially overturn it if it appears to be not based on the law or facts. No matter which route you take to challenge an arbitrator’s decision, be sure to file your petition, motion, or other documents in a timely manner as strict deadlines apply in Virginia. Additionally, obtaining legal advice from an experienced attorney can help you better understand your rights and the applicable laws in dispute resolution.
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