Federal Arbitration Act Motion To Vacate In Franklin

State:
Multi-State
County:
Franklin
Control #:
US-0011BG
Format:
Word; 
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After receiving the case submission form, each party will then be sent explanatory materials and preliminary documents.
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FAQ

Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.

The statutory grounds for vacating an arbitration award under Section 10 of the Federal Arbitration Act and state counterparts are limited to matters such as arbitrator corruption, fraud, evident partiality, misconduct and exceeding of powers. These grounds do not go to the merits of the award.

To vacate an award, the arbitrators must have known of a governing legal principle yet refused to apply it or ignored it, and the law ignored by the arbitrators must be clearly defined.

The Federal Arbitration Act (FAA) §10(a) sets forth four statutory grounds for vacating an arbitration award: (1) the award was procured by corruption, fraud or undue means; (2) evident partiality or corruption of the arbitrators; (3) the arbitrators were guilty of prejudicial misconduct during the course of the ...

The merits of the dispute are not considered and the award can only be vacated where: (1) the award was procured by fraud or corruption; (2) there was corruption in the arbitrator; (3) the arbitrator committed misconduct resulting in substantial prejudice; (4) the arbitrators exceeded their powers; (5) the arbitrator ...

In California, an arbitration award will stand unless the party challenging the decision can show (1) "the award was procured by corruption, fraud, or other undue means"; (2) "the rights of the party were substantially prejudiced by the misconduct of a neutral arbitrator"; or (3) an arbitrator failed to make a timely ...

Decisions indicate that a court may review an arbitrator's award if it appears that the arbitrator substituted his judgment for that of the parties, the award does not draw its essence from the contract, the award contains material error, and the award is against public law or policy.

The merits of the dispute are not considered and the award can only be vacated where: (1) the award was procured by fraud or corruption; (2) there was corruption in the arbitrator; (3) the arbitrator committed misconduct resulting in substantial prejudice; (4) the arbitrators exceeded their powers; (5) the arbitrator ...

(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 ...

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The Federal Arbitration Act (FAA) imposes strict procedural requirements on motions to vacate an arbitral award. Either party may file a motion to vacate, modify or correct an arbitration award.On March 6, 2000, the chancellor granted Franklin's Motion to Vacate the Arbitration. Award. To use this form, you must be a person who is serving a sentence under a judgment against you in a federal court. This case presents an important question of statutory construction under the Federal Arbitration Act (FAA), 9. According to Petitioner, a federal court sitting in diversity may entertain a petition to confirm an award under state arbitration law. Franklin argued that two grounds that have been judicially grafted into the Federal Arbitration Act warranted vacating the arbitration award.

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Federal Arbitration Act Motion To Vacate In Franklin