Title

Vacating Awards Under the Wisconsin Arbitration Act and the Federal Arbitration Act

Document Type

Article

Publication Date

2015

Publication Information

Ralph Anzivino, Vacating Awards Under the Wisconsin Arbitration Act and the Federal Arbitration Act, 98 Marq. L. Rev. 1633 (2015)

Source Publication

98 Marquette Law Review 1633 (2015)

Abstract

Arbitration has become one of the primary means for parties to resolve their legal disputes. Unlike a court proceeding, however, the grounds for vacating an arbitration award are quite narrow and specific. The purpose of this Article is to identify and explain the five major ways to vacate an arbitration award under the Federal Arbitration Act and the Wisconsin Arbitration Act. The first way is to challenge whether the parties contractually agreed to arbitrate the dispute. The specific challenge is to the scope of the contract or the scope of the arbitration clause in the contract. The second is to show that the other party was involved in some type of conduct involving corruption, fraud, or undue means that impacted the arbitration award. The third is to prove that the arbitrator was evidently partial and, thus, a fair and impartial arbitrator did not decide the award. The fourth is to establish that the arbitrator committed some type of administrative misconduct in conducting the arbitration. Finally, the fifth is to prove that the arbitrator misused his power and, thereby, exceeded his authority. Each of the grounds is analyzed in detail, with case examples to enhance one’s understanding.