Can the determiation from a binding arbitration be appealed?

Asked about 4 years ago - Baltimore, MD

A real estate title issue regarding a rear boundry line dispute resulted in a ruling against me not because of boundary line measuremets but because the opposing party claimed adverse possession. I was defended by title company's appointed attorney. I did not agree with the attorney's chosen line of defense.

Attorney answers (2)

  1. Lawrence Matthew Doss

    Contributor Level 5

    Answered . Typically, arbitration awards can be appealed, though there are very limited grounds available for vacating the award. Disagreement with your attorney's chosen line of defense is usually not one of those grounds, and reasons for overturning an arbitration award can actually be much more difficult than if you were appealing after an ordinary trial.

    Though your question does not state whether the arbitration process was invoked under the Federal Arbitration Act or the Maryland Uniform Arbitration Act, the answer to your appeal may differ based on which act controls. I recommend that you promptly contact a lawyer licensed to practice law in Maryland to review the relevant grounds for vacatur under state and federal law. The passage of time can negatively affect your rights.

  2. Kerry G. Patton

    Contributor Level 14

    Answered . The statutory grounds for vacating an arbitration award amount to arbitrator misconduct, corruption, bias, or if it can be shown that the arbitrator exceeded his or her authority. An after-the-fact disagreement over one side's strategy will likely be a losing argument. Still, it may be worthwhile to find an attorney in your area who specializes in arbitration cases, who can review your case and advise you on whether or not you have grounds on which to base an appeal.

    (THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.)

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