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Roger
Roger, Attorney
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Experience:  Litigation Attorney
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How to file a motion to vacate an arbitration award? I am asking

Customer Question

How to file a motion to vacate an arbitration award? I am asking the process. I saw some examples online, but I don't know how they get the case number.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a litigation attorney.

In Texas, a party that loses an arbitration has the right to appeal the arbitrator's decision by filing a petition to vacate the arbitration award. This is treated like an appeal - - you actually file a petition to vacate as an initial pleading in the case. Once you file the petition in your district court, a case number XXXXX be assigned by the district court clerk.

Under the Texas Arbitration Act, the application to vacate must be made within 90 days after the date of delivery of the award, or within 90 days after the date the party knew or should have known of corruption, fraud, or other undue means as a ground for vacating the award. TEX. CIV. PRAC & REM. CODE § 171.088(b).

Here's a good link you can read: http://www.boycelaw.net/Articles/Dec_2006_Arbitration_Institute.pdf

Here's another one you can read: http://www.insidecounsel.com/2013/01/03/5-things-to-know-about-texas-arbitration-law
Customer: replied 1 year ago.

You did not answer my question, i.e. my question was not answered. You said "...This is treated like an appeal - - you actually file a petition to vacate as an initial pleading in the case...", and my question is HOW to do it? How to file a petition to vacate the arbitration? That's my question. There are a lot of documents saying the same thing as you said, but they don't tell HOW TO DO IT. I don't know how to do it, and that is the question. All the examples I saw online (such as this one www.state.gov/documents/organization/45257.pdf‎) already have a case number, and I wonder how they did to get the case number? Do I need to do like filing a civil case (filing the complaint, the cover sheet, and the summons)? The motion is for both the Federal Arbitration Act ( 9 U.S.C. § 10) and Texas Arbitration Act (TEX. CIV. PRAC. & REM. CODE § 171.088) and I don't know where I should file the motion: at federal Court or at State Court? Do I need to serve American Arbitration Association (AAA) if the grounds of the motion is the mismanagement of the case by AAA (AAA did not follow the method of appointing the arbitrator indicated in the arbitration agreement)? Is this AAA's mismanagement of my case corresponds to 9 U.S.C. § 10 (a)(1) and TEX. CIV. PRAC. & REM. CODE § 171.088(a)(1) ?


.

Expert:  Roger replied 1 year ago.
As for the petition already having a cause number likely just means that a party filed suit, and once the pleadings were filed, one of the parties filed a petition to compel arbitration. When that happens, the court will stay the proceedings and allow the arbitration to complete, and then will direct the parties to report back to judge after the arbitration completes. That's when a petition to confirm the award OR a petition to vacate the award.

As for how to do this (if the case didn't start in court), the process is really as simple as filing a petition to vacate the award with the district court clerk that would have had jurisdiction over the case; also, you should need a civil cover sheet and also pay a filing fee.

I hope that answers the "how to" - - it really should be as simple as filing your petition with the district court clerk's office. If you have any other specific questions, please let me know.
Customer: replied 1 year ago.

My question is still unanswered.You said "...the process is really as simple as filing a petition to vacate the award with the district court clerk...", and I want to know how do that "filing a petition to vacate the award with the district court clerk":


- Is it like filing a civil lawsuit (i.e. filing the motion and its cover sheet, paying the same fee as filing a civil lawsuit, )?


- Do I need to serve the American Arbitration Association (AAA)? I ask this question because the ground for vacating the award is the mismanagement of the case by AAA i.e. something having nothing to do with the arbitrator nor with the Defendant.


- Is this AAA's mismanagement of my case corresponds to 9 U.S.C. § 10 (a)(1) and TEX. CIV. PRAC. & REM. CODE § 171.088(a)(1) ?

Expert:  Roger replied 1 year ago.
I've been involved in hundreds of arbitrations, but I've never tried to vacate a decision based on the failures of the arbitration agency. Thus, I honestly don't know about a petition that would be against AAA.

I'll opt out and allow someone else to opine.
Customer: replied 1 year ago.

I thank you.

Expert:  Roger replied 1 year ago.
No problem. I'm sorry that I'm not 100% sure about how this particular situation would play out - - I've got an idea, but I'm not sure and I can't find anything to validate my thoughts.

Someone else should pick this up.

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