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Question about getting out of a binding arbitration decision

 
 
Reply Thu 30 Mar, 2006 10:07 am
I was wondering if anyone might know if there is anything that you could do to get out of a binding arbitration decision that you don't like?

Are there any options available? Even a point in the right direction would be appreciated...

(I'm asking because this came up in class, not because I'm actually looking to get out of a binding arbitration decision, by the way). :wink:
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joefromchicago
 
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Reply Thu 30 Mar, 2006 10:25 am
It's outlined in the Federal Arbitration Act, 9 USC 10. An arbitration award can be vacated:

(1) where the award was procured by corruption, fraud, or undue means;
(2) where there was evident partiality or corruption in the arbitrators, or either of them;
(3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or
(4) where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
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JustanObserver
 
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Reply Thu 30 Mar, 2006 10:31 am
Wow, thanks Joe!

Much appreciated Very Happy
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