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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) ?
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) ?
I thank you.