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Rhode Island Arbitration - Rejection of Arbitrator's Award For Cases Certified to Arbitration Before January 1, 2014

Category:
Statewide - Superior Court - Arbitration
State:
Rhode Island
Control #:
RI-SKU-0464
Format:
PDF
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Arbitration - Rejection of Arbitrator's Award For Cases Certified to Arbitration Before January 1, 2014

Rhode Island Arbitration — Rejection of Arbitrator's Award For Cases Certified to Arbitration Before January 1, 2014, is a process whereby a party to arbitration may challenge an arbitrator's award issued in a case that was certified to arbitration before January 1, 2014. This process is subject to the Rhode Island Arbitration Act and may be used to challenge a Rhode Island arbitrator's award on the grounds that the arbitrator was biased, the award was procured by corruption, fraud, undue means, or the arbitrator exceeded his or her authority. There are two types of Rhode Island Arbitration — Rejection of Arbitrator's Award For Cases Certified to Arbitration Before January 1, 2014: (1) Judicial Rejection or Vacation; and (2) Non-Judicial Rejection or Vacation. Judicial Rejection or Vacation involves filing a petition in the Rhode Island Superior Court requesting that the arbitrator’s award be rejected or vacated, while Non-Judicial Rejection or Vacation involves filing a motion in the Rhode Island Superior Court requesting that the arbitrator’s award be rejected or vacated.

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FAQ

Federal Court Arbitral Award Confirmation The Federal Arbitration Act (?FAA?) provides guidance for the confirmation of domestic arbitration awards in federal courts. 5 The party applying for the confirmation must do so in the proper federal court within one year after the arbitrator's decision.

Under the Federal Act, a party seeking to enforce an arbitration award must do so within one year after the award is made.

If the party that lost the arbitration either chooses to accept the award or is also unsuccessful in the challenge, the award will need to be enforced. In many cases, the parties that agreed to arbitration will just follow the award and pay the money that was required.

A broad arbitration clause may survive the expiration of the agreement containing the clause when the dispute arises under the agreement. The Court of Appeals then went on to decide who determines whether an arbitration clause survives the expiration of the underlying agreement: the arbitrator or the court?

The award and any accompanying written opinion. When the arbitration was held outside of the state but the arbitration agreement was entered into in the state, the party seeking to confirm the award must file a petition for confirmation in the county where the parties entered into the arbitration agreement.

If a party to an arbitration wishes to challenge an award for any reason, they need to make an application to a court except in the rare case where the parties' agreement provides for some type of appellate proceeding within the arbitration.

The arbitrator listens to both sides, looks at the evidence you've sent in and decides what the outcome should be. In some cases, the arbitrator may choose to have several meetings with you both. When the arbitrator makes a decision, this is called an award and it's legally binding.

The Federal Arbitration Act gives parties three months to petition to vacate an arbitration award.

More info

Effective January 1, 2014. Arbitration - Rejection of Arbitrator's Award For Cases Certified to Arbitration Before January 1, 2014.Arbitration - Report of Arbitrator. Arbitration - Rejection of Arbitrator's Award For Cases Certified to Arbitration Before January 1, 2014. Arbitration - Report of Arbitrator. Award. In a January 8, 2015 order, the court vacated the award and remanded for new arbitration hearing before a arbitrator. ICC Arbitration assures the best quality of service. How do I know the case is assigned to the Mandatory Arbitration? Reference to case law.

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