In one of our last posts, we discussed how to confirm and enforce an arbitration award. In this post, we discuss how to vacate or correct an arbitration award.
There are two avenues to challenge an arbitration award. The first avenue is to file an application to correct the award directly with the arbitrator. This is appropriate where the error is one of “form” or “evidence miscalculation.” In that case, a party can initially apply directly to the arbitrator to correct the award. Such an application is due 10 days after it was served on the application. Any correction by the arbitrator must be 30 days after such service. (Code Civ. Proc. § 1284.)
The second avenue to challenge an arbitration award is to file a petition with the court to either correct or vacate the award. A petition to vacate or correct an arbitration award must be served and filed with the Court no later than 100 days after a signed copy of the award is served on the petitioner. (Code Civ. Proc. § 1288.) However, if a petition to confirm the award is filed within the 100 day period, any response seeking to vacate or correct the award must be filed within the period for responses generally, i.e. 10 days after service of the petition. (Code Civ. Proc. § 1290.6.) If a petition to confirm an award is filed after the 100-day time limit, a response to the petition that asserts grounds to vacate the award must disregarded.
However, under California law, matters making it impossible or impracticable to proceed with the petition will toll the 100-day deadline. (See Shepherd v. Greene (1986) 185 Cal.App.3d 989, 993.) In addition, if the party first applies to the arbitrator, an application for correction to the arbitrator will extend the deadline from when the arbitrator serves a correct award or the request for correction is denied.
Need to challenge an arbitration award? Schorr Law has experience with enforcing and challenging arbitration awards. To see if you qualify for a free 30-minute consultation regarding your matter, please contact us by phone, email, or send us a message through our contact form.
By Stephanie Goldstein, esq.