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Litigation & Arbitration

Dec. 10, 2009

Vacating Arbitration Awards, Now Less Daunting of a Task?

Stephen Raucher and Matthew Bartek of Reuben Raucher & Blum evaluate the consequences of a recent case affirming vacation of an arbitration award.

Stephen L. Raucher

Partner, Reuben Raucher & Blum

Email: sraucher@rrbattorneys.com

Stephen practices complex business litigation, with an emphasis on representing policyholders in insurance disputes.

Matthew C. Bartek

Any lawyer who has sought to vacate an arbitration award knows it is a daunting task. Arbitration awards are rarely vacated, even when a party has been severely prejudiced by an arbitrator's errors. Despite clear statutory language requiring vacation of awards under various circumstances, case law has severely limited this authority, and judges tend to view confirmation of an award as the safe option.

A recently published case may provide an opening, however, for practitioners s...

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