Are there any time limits on filing a motion to vacate a securities arbitration award?
In Kansas, time limits for filing a motion to vacate a securities arbitration award are set forth by the Kansas Uniform Arbitration Act (KUAA). Generally, a motion to vacate an award must be filed within one year from the date of the award. This can be extended if the parties agree in writing to extend the time limit. Additionally, a motion to vacate may be made if the award was procured by corruption, fraud, or undue means, if there is evidence of partiality or corruption of the arbitrator or abuse of discretion, if the arbitrator was guilty of misconduct in refusing to postpone a hearing upon good cause or something similar, or if the award is outside the scope of the submission to arbitration. If the motion to vacate is timely, the court must hold a hearing and consider the objections raised. The court may then vacate, modify, or correct the award. It is important to note that the court may only vacate the award if it finds that there was material unfairness or other irregularity in the proceedings. In conclusion, in Kansas, a motion to vacate a securities arbitration award must be filed within one year from the date of the award. This can be extended if the parties agree in writing to extend the time limit. Additionally, the court may only vacate the award if it finds that there was material unfairness or other irregularity in the proceedings.
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