ADR Articles

DAVID ALLGEYER DAVID ALLGEYER

Motion to Vacate an Arbitration Award: Within the time limit but still too late?

Things can get interesting when there are battling motions to confirm and vacate an arbitration award, depending on the timing.  Under the FAA and under many state counterparts to it, a motion to vacate an award must be brought within three months of the award being filed.  A motion to confirm must be brought within a year.  But what happens when the winning party seeks to confirm the award right away.  Does a party who wants to vacate still get three months to move to vacate? 

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