- 1). Carefully review the decision of the arbitrator as soon as you receive it. Vacating an arbitration award requires a court order and is governed by the law of the state in which the arbitration took place. The time within which you must file your request with the court varies from state to state, but is usually 90 days from the date you receive written notice of the arbitration award.
- 2). Decide if you have grounds to file with the court to vacate the arbitration award. An arbitration award is meant to be final. The reasons for vacating an award are similar in most states: fraud, corruption or misconduct in obtaining the award; corruption by the arbitrator; failure of the arbitrator to be impartial; misconduct by the arbitrator; or failure of the arbitrator to follow the procedures stated in the law.
- 3). Contact an attorney to file a motion to vacate the arbitration award. A motion is a formal, written request to a judge asking for an order vacating the arbitration award on one or more of the grounds stated in the law. The motion will include a sworn affidavit from the party seeking to vacate the award. The affidavit explains the reasons the award should be vacated and includes evidence to support the person's position.
- 4). Send a copy of the motion to the opposing party and file the original with the court. The motion is sent -- served -- on all parties involved in the arbitration to give them an opportunity to oppose the request to vacate the award. The court clerk will give the motion and any papers received in opposition to the judge who will issue a written decision.
- 5). Review the decision from the judge. The judge will order a new arbitration hearing if she believes one or more of the reasons authorized by state law to vacate the arbitration award has been proven. The judge will also decide if the new hearing will be with the original arbitrator or a new one.
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