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Re: la-tsla-fan post# 379831

Tuesday, 12/24/2013 7:56:56 PM

Tuesday, December 24, 2013 7:56:56 PM

Post# of 433036
Ia-idcc-fan: I believe that an award could be appealed to a district court under the Federal Arbitration Act which allows for vacating or modifying an arbitration award award. However, these actions only apply if certain very specific happening occurred during the arbitration; they do not apply to the text of the decision. Appealing an arbitrator's decision is very seldom successful.

9 U.S.C. § 10, 11. Specifically, § 10 provides
the following grounds for vacating an award:

(1) where the award was procured by corruption, fraud, or undue means;

(2) where there was evident partiality or corruption in the arbitrators,

(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.”

Under § 11, the grounds for modifying
or correcting an award include:

(a)…evident material miscalculation
of figures or an event material mistake in the description
of any person, thing, or property referred to in the award,

(b)… arbitrators have awarded upon a matter not submitted
to them…, [or]

(c) where the award is imperfect in matter of
form not affecting the merits of the controversy.”
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