Is it possible to have a securities arbitration award overturned?
Yes, it is possible to have a securities arbitration award overturned in California. The grounds for overturning an award depend on the type of court where the challenge is filed. If a challenge is filed in an arbitration court, the award can be overturned if the arbitrator or arbitrators made an obvious mistake or exceeded their authority. It can also be overturned if the arbitrator failed to make a full and fair decision, or if the award was procured by fraud or other wrongful means. If a challenge is filed in a civil court, the award can be overturned if it was procured by fraud or corruption; if there is evidence of a manifest disregard of law, or if the arbitrator exceeded their powers. An award can also be overturned if the arbitrator acted outside of the scope of their authority, or if the arbitration process was unfair. If the person challenging the award is able to successfully demonstrate that the award should be overturned, the court can issue an order vacating or modifying the award. It’s important to note that overturning an award can be a difficult process, so it’s best to speak to an experienced lawyer who can provide guidance and advice on the best course of action.
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