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 Washington, securities arbitration awards are subject to judicial review, which examines whether the arbitrator made legal mistakes. Any such errors may be grounds for an appeal of the award. For example, an arbitrator could make a mistake in interpreting a contract or in the application of the law. The court may also find that the award is based on evidence that was not presented at the arbitration hearing or that the award is not supported by the evidence that was actually presented. Additionally, the court may determine that the arbitrator failed to consider a relevant legal rule or that the arbitrator failed to correctly interpret the rule or law. In order to appeal a securities arbitration award on the basis of legal errors, a party must first file a petition in court. The petition must demonstrate that the award was legally incorrect and explain why. The court will then review the award and the parties’ arguments and issue a decision. If the court decides that the award should be reversed or modified due to errors in the arbitrator’s legal reasoning, it may do so. It is important to note that appeals of securities arbitration awards are usually restricted to legal errors. The court may not review a securities arbitration award simply because one of the parties disagrees with it. Instead, the party must demonstrate that the arbitrator’s legal reasoning was wrong.
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