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- Title
Understanding--and Avoiding--Vacatur and Applications for Vacatur.
- Authors
Moxley Jr., Charles J.; Welch, Dana; Turner, Kelly
- Abstract
Parties are often motivated to choose arbitration to achieve a faster and more economical resolution of their disputes. Arbitration also offers flexibility, privacy, the ability to select the decision-makers, and, importantly, finality. When the losing party successfully moves to vacate the award in court, these benefits are lost. The benefits may also be lost even when an application for vacatur is unsuccessful. Speed and economy, flexibility, privacy, the desired decision-maker, and even finality--all of these objectives are compromised once an application for vacatur is made. This article addresses how to avoid vacatur and, to the extent possible, how to avoid applications for vacatur. We review grounds for vacatur and recent vacatur decisions of courts across the United States. We then discuss approaches for conducting arbitrations in such a way as to minimize the prospect not only of vacatur, but also of applications for vacatur.
- Subjects
VACATUR (Law); ARBITRATION &; award; LEGAL judgments; COURTS
- Publication
Dispute Resolution Journal, 2023, Vol 77, Issue 1, p1
- ISSN
1074-8105
- Publication type
Article