Federal Arbitration Act Grounds For Vacating Award In Utah
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Motion to compel arbitration. if the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.
The merits of the dispute are not considered and the award can only be vacated where: (1) the award was procured by fraud or corruption; (2) there was corruption in the arbitrator; (3) the arbitrator committed misconduct resulting in substantial prejudice; (4) the arbitrators exceeded their powers; (5) the arbitrator ...
Validity of agreement to arbitrate. An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.
Redemption at foreclosure sale. Any person interested in any real estate sold at foreclosure sale under any decree has the same right to redeem the real estate from the sale, within the same time and upon the same terms as if the sale had been made upon execution.
Retention and release of recordings. Any recording made by an officer while on duty or acting in the officer's official capacity as a law enforcement officer shall be retained in ance with applicable federal, state, and local laws.
To vacate an award, the arbitrators must have known of a governing legal principle yet refused to apply it or ignored it, and the law ignored by the arbitrators must be clearly defined.
Contempt -- Action by court. If the court finds the person is guilty of the contempt, the court may impose a fine not exceeding $1,000, order the person incarcerated in the county jail not exceeding 30 days, or both.
An application for setting aside an arbitral award can be made under Section 34 of A&C Act. Section 34 (1) provides that recourse to a Court against an arbitral award may be made only by an application for setting aside such award in ance with sub-section (2) and sub-section (3).
An arbitrator may be disqualified on the grounds that the arbitrator was ineligible for appointment to the Tribunal under Additional Facility Arbitration Rule 21(2)(a)-(c), or on account of existing circumstances that give rise to justifiable doubts as to the qualities of the arbitrator required by Additional Facility ...