How to I challenge an arbitrator’s decision?
When someone challenges an arbitrator’s decision, it is referred to as an appeal. In Washington, appeals of an arbitration decision are heard by the superior court in the county of the arbitration. Before filing the appeal, the parties must first obtain an arbitration award from the arbitrator which will outline the various issues, findings, and conclusions that the arbitrator made in their decision. Depending on the type of dispute, the parties may have up to one hundred twenty days to file their appeal. When filing an appeal, the appealing party will need to cite any errors of law or findings of fact that they believe were made as a result of the arbitration decision. The appeal will generally be based on the grounds that the arbitrator misapplied the law, exceeded their authority, or made factual findings that were clearly erroneous. The superior court will review the appeal and can either uphold the decision of the arbitrator, or they can modify or vacate it based on the findings of the appeal. The court might also choose to remand the case back to the arbitrator to reconsider, modify, or vacate the decision. Generally, the superior court will only hear the issues raised during the appeal, and not consider any new evidence or arguments, so it is important for the appealing party to be as thorough and prepared as possible when filing their appeal. Ultimately, each case is different and the outcome of the appeal will depend on the facts and the law involved.
Related FAQs
What is a motion to compel arbitration or stay proceedings?Are there any ethical considerations in arbitration?
What is a joinder of parties in arbitration?
What is the difference between direct and indirect arbitration?
How much does an arbitration process usually cost?
How do I select an arbitrator?
Can an arbitrator award punitive damages?
What is the public policy exception to the enforcement of an arbitration agreement?
What is the Federal Arbitration Act?
What is a summary judgment in arbitration?
Related Blog Posts
Unlocking the Basics of Arbitration Law: What You Need to Know - July 31, 2023Top Tips for Navigating Arbitration Law Successfully - August 7, 2023
Comparing International and Domestic Arbitration: What Businesses Should Know - August 14, 2023
Effective Strategies for Drafting Arbitration Agreements - August 21, 2023
Common Misconceptions About Arbitration Law: What Everyone Needs to Know - August 28, 2023