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How to vacate an arbitrator award

Newark, NJ |
Filed under: Arbitration

the arbitrator said that she was going to do something and didn:t do it.

Attorney Answers 2


There's not enough information here to analysis the basis of your concerns. However, you should know that vacating an arbitration award is very difficult to do and that there are limited basis upon which to vacate an award. In the 2009 Hall Street decision, the U.S. Supreme Court held that there are only four narrow grounds to review an adverse arbitration award. In doing so, arguments that the award was (1) due to manifest disregard of the law and (2) violation of public policy were discarded as grounds for an appeal. The four limited circumstances for vacatur: (1) fraud, (2) partiality/corruption, (3) arbitrator misconduct, and (4) arbitrators exceeded their powers or imperfectly executed them.

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I agree that more information is needed. Also, under the New Jersey Arbitration Act of 2003, a court can vacate an arbitration award only if:

(1) the award was procured by corruption, fraud, or other undue means;

(2) the court finds evident partiality by an arbitrator; corruption by an arbitrator; or misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

(3) an arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to section 15 of this act, so as to substantially prejudice the rights of a party to the arbitration proceeding;

(4) an arbitrator exceeded the arbitrator's powers;

(5) there was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection pursuant to subsection c. of section 15 of this act not later than the beginning of the arbitration hearing; or

(6) the arbitration was conducted without proper notice of the initiation of an arbitration as required in section 9 of this act so as to substantially prejudice the rights of a party to the arbitration proceeding.

See N.J.S.A. 2A:23B-23(a)

The foregoing response is not intended to be, and should not be relied upon as, legal advice. Nor does the response intend to, or actually create, an attorney-client relationship. The foregoing answer is based only on the limited information provided, and you should always have a full consultation with an attorney in order to get a fully-informed, accurate opinion

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