Challenging the Decision

The chances of overturning an arbitrator’s decision are not good unless there is evidence that the arbitrator somehow erred in his or her role. To successfully “vacate” an award, it would have to be shown that the arbitrator:

• was totally irrational; and/or
• violated a strong public policy; and/or
• exceeded the authority granted to the arbitrator by the contract ; and/or
• was biased; and/or
• was somehow guilty of fraud or misconduct

Arbitrators are not bound by the principles of substantive law or rules of evidence. The courts realize that in order preserve the integrity of the arbitration process they must exercise significant restraint before they disturb an arbitrator's decision. Therefore, unless there is clear evidence of any of these conditions, the courts will not overturn or “vacate” an arbitrator’s decision.