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West Palm Beach Business Litigation Attorneys / Blog / Arbitration / Lost in Arbitration? Here Is What Florida Law Actually Lets You Appeal

Lost in Arbitration? Here Is What Florida Law Actually Lets You Appeal

West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

Many business contracts route disputes to arbitration specifically because it promises a faster, more private resolution than a courtroom trial. That promise comes with a tradeoff many business owners do not fully appreciate until they lose. Our West Palm Beach arbitration attorneys often hear the same question from a client holding an unfavorable award: can we appeal this the way we would appeal a court judgment? The honest answer is that arbitration appeals work very differently, and the options are much narrower.

Courts Do Not Reweigh the Evidence

An arbitrator’s factual findings and legal conclusions are given enormous deference. A court reviewing an arbitration award generally will not overturn it just because a judge might have decided the case differently, or because one side thinks the arbitrator got the law wrong. If you are hoping for a full second look at the merits, arbitration is usually not the path that provides it.

The Real Grounds for Vacating an Award

Florida’s Arbitration Code, specifically section 682.13 of the Florida Statutes, lists the only grounds a court can use to vacate an award. These include the award being procured through corruption, fraud, or other undue means, evident partiality or misconduct by an arbitrator, an arbitrator exceeding their powers, or a fundamental problem such as no valid agreement to arbitrate ever existing. Notice what is missing from that list. A simple legal or factual error is not, on its own, a ground for vacatur.

There is also a strict deadline. A motion to vacate generally must be filed within ninety days after the award is delivered, or within ninety days of discovering grounds involving corruption or fraud. Miss that window and the award will likely be confirmed regardless of its merits.

When Can You Actually Appeal to a Florida Court?

Section 682.20 of the Florida Statutes lays out which arbitration related orders can be appealed. These include orders denying a motion to compel arbitration, orders granting a stay of arbitration, orders confirming or denying confirmation of an award, and orders vacating an award without directing a rehearing. Each of these is treated as its own appealable event, which means the procedural posture of your case matters just as much as the substance of your arguments.

What This Means for Your Business

If you are heading into arbitration, or you have already received an award you believe is deeply flawed, the practical question is rarely whether the arbitrator was right. It is whether one of the narrow statutory grounds for vacatur actually applies, and whether you are still within the window to raise it. Waiting to sort this out until after the ninety day clock has run is one of the costliest mistakes a business can make.

Let Us Review Your Award

Arbitration awards can feel final the moment they land in your inbox, but you may still have options depending on how the process unfolded. At Pike & Lustig, we review arbitration awards for exactly these narrow grounds and help our clients decide quickly whether pursuing vacatur or an appeal makes sense. Give us a call so we can look at your award before your window to act closes.

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