Vacating / Appealing Arbitration Decisions
How to “Appeal” an Arbitration Decision
Vacating Arbitration Decisions ◊ On Wall Street and Across the Nation
Because courts and the legislatures nationwide want arbitration to be the mandatory alternative and the voluntary substitute for litigation, they have seen to it – in statutes and decisions – that once an arbitration is over, there are very few grounds to have the decision overturned. We can assess your chances of success in a potential Motion to Vacate your adverse arbitration Award. If we recommend that you go to court to have the Award overturned, we can represent you.
Attorney David E. Robbins has practiced for over 35 years and is regarded as a leading authority in securities law nationwide. He has written over 40 published articles and writes the authoritative textbook Securities Arbitration Procedure Manual, which law schools, law firms and brokerage firms use daily.
He serves as an arbitrator and mediator and is a former Director of Arbitration of the American Stock Exchange. Few attorneys in the country have as much knowledge about vacating arbitration decisions.
When Can an Arbitration Decisions Be Vacated?
To vacate an arbitration Award, you have to be able to show that the following occurred:
- Manifest disregard of the law: That the Award is patently at odds with statutes and common law precedent.
- Failure of due process: That their rulings during the hearing with respect to evidence was so unfair as to deprive a party of its due process rights.
- Failure to disclose information: If an arbitrator failed to disclose a real or apparent conflict of interest — like working for a company that works with your opponent — you may succeed on a motion to vacate. But be forewarned, arbitration Awards are rarely overturned; but they can be if you have the right case and you have the right attorney.