Are there any time limits on filing a motion to vacate a securities arbitration award?

Yes, there are time limits on filing a motion to vacate a securities arbitration award in West Virginia. According to the West Virginia Rules of Civil Procedure, a motion to vacate a securities arbitration award must be filed within sixty days of the date the award was served to the parties or their attorneys. Any motion made after this time, for any reason, will not be considered. Though there is an absolute sixty-day window in which the motion can be made, some exceptions to this rule do exist. First, the sixty-day time limit may be extended if all parties to the arbitration voluntarily agree to extend the time limit. Second, the court may also grant an extension if it finds that a party’s failure to file the motion was the result of an excusable mistake or neglect. It is important to note that filing a motion to vacate a securities arbitration award does not guarantee that the court will agree to vacate it. Even if a party files a motion to vacate within the sixty-day time limit, the court will still consider the merits of the case in deciding whether or not to vacate the award.

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