Is it possible to challenge a securities arbitration award in a court of law?
Yes, it is possible to challenge a securities arbitration award in a court of law in Texas. A court challenge of an arbitration award is called an application for judicial review. This type of filing is done in a court of law and must be done within 30 days from the date of the award, in accordance with Texas law. When filing an application for judicial review, a party must present a valid reason for why the award should be overturned. This could include a finding that the arbitrator did not use the correct legal principles, or that the award was contrary to public policy. Another valid basis is that the decisions of the arbitrator were not supported by substantial evidence. If the court finds that any of these issues were validly raised, it may choose to remand the case back to the arbitration forum. In Texas, an application for judicial review of a securities arbitration award must be filed in the district court in the county where the arbitration was conducted. The court may then order that the parties submit briefs and other supporting documents, and also hear oral arguments from the parties. The court is not obligated to uphold the award, so the final outcome can be different from the original arbitration result.
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