Can a securities arbitration award be appealed on the basis of legal errors?
Yes, a securities arbitration award can be appealed on the basis of legal errors in the state of Florida. The Florida Supreme Court has determined that parties to arbitration agreements in Florida have the right to appeal an arbitration award on the basis that the arbitrator made legal errors or misinterpreted the law. This means that if the parties to an arbitration agreement in Florida can prove that an arbitrator erroneously applied the law to the facts of the case, then the court may overturn the arbitration award and allow the parties to file a new claim. At the same time, the Florida Supreme Court has determined that an appellate court should only overturn an arbitration award on the basis of legal errors when those legal errors involve a gross misinterpretation of the law or a clear disregard for the law. This means that in order for an appeals court to overturn an arbitration award on the basis of legal errors, the parties must demonstrate that the arbitrator committed gross errors of law that had a material and substantial impact on the outcome of the case. The appeals court may also examine the award for irregularities or procedural errors that impacted the fairness of the proceedings. If the appeals court concludes that the arbitrator has engaged in any fraudulent or deceptive conduct or has failed to follow the terms of the arbitration agreement and the applicable rules of the arbitration forum, then the appeals court may overturn the arbitration award.
Related FAQs
What is the standard of proof used in securities arbitration?Is it possible to challenge a securities arbitration award in a court of law?
What sanctions may be imposed in a securities arbitration case?
How do I choose an arbitrator for a securities arbitration claim?
Are there any legal defenses that can be used in securities arbitration cases?
How do I initiate a securities arbitration claim?
What is the effect of the statute of frauds on a securities arbitration award?
What is the process for selecting a securities arbitration panel?
What kind of witnesses may be called in a securities arbitration hearing?
Are there any restrictions on pre-arbitration discovery requests in securities arbitration?
Related Blog Posts
A Guide to Understanding Securities Arbitration Law - July 31, 2023Navigating Your Securities Arbitration Case: Step-by-Step Guide for Investors - August 7, 2023
Securities Arbitration: How to Make the Most of Your Claim - August 14, 2023
Securities Arbitration 101: Understanding the Basics of Investor Claims - August 21, 2023
Explaining the Role of Arbitrators in the Securities Arbitration Process - August 28, 2023