Q: I need to file a Motion to Vacate arbitration decision.
Lawsuit has been filed. I'm the plaintiff.
014 Oklahoma Statutes
Title 12. Civil Procedure
§12-1874. Application to vacate an award.
Universal Citation: 12 OK Stat § 12-1874 (2014)
A. Upon an application and motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:
1. The award was procured by corruption, fraud, or other undue means; **Myself, as well as the Court, was led to believe arbitration was mandatory following a loss/damage claim. I have documentation to the contrary.
2. There was:
a.evident partiality by an arbitrator appointed as a neutral arbitrator, **Arbitration firm works solely with the moving and storage industry.
A motion to vacate based on "evident partiality" is a very tough motion. You need something more than a generalized suspicion that the arbitrator, though he works in the same business as your opponent in the Arbitration, was "evident[ly] partial."
Further, assuming that your arbitration was conducted in the standard fashion, you should have received his qualifications prior to the hearing. If he left off his connection with the other party's business, even that might not be enough, but I would suggest that you review the qualification you were provided with. The rule in Arbitration is that the arbitrator's decision doesn't even have to follow the law. But, the Courts frown on failure to disclose.
Any further questions, you can email me.
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