Can The Decision Reached In Arbitration Be Appealed?

Can The Decision Reached In Arbitration Be Appealed?

Real Estate Law: Can the Decision Reached in Arbitration Be Appealed?

In the realm of real estate transactions, disputes can arise between buyers, sellers, landlords, tenants, contractors, and other parties involved in property matters. To resolve these conflicts efficiently and cost-effectively, many parties turn to alternative dispute resolution (ADR) methods such as arbitration. Unlike traditional litigation, where parties have the right to appeal a court decision, arbitration results in a final and binding decision by a neutral third party, the arbitrator. However, there are limited circumstances in which the decision reached in arbitration can be appealed. In this article, we will explore the finality of arbitration awards, the limited grounds for appeal, and the implications for parties involved in real estate disputes.

1. The Finality of Arbitration Awards:

Binding Nature of Arbitration Awards:

One of the primary advantages of arbitration is its finality and binding nature. When parties agree to resolve their dispute through arbitration, they typically do so with the understanding that the arbitrator’s decision will be conclusive and enforceable. Unlike court judgments, which can be appealed to higher courts, arbitration awards generally cannot be appealed on the merits of the case.

Limited Grounds for Judicial Review:

While arbitration awards are final and binding, there are limited grounds on which a party may seek judicial review of the award. These grounds are established by law and vary depending on the jurisdiction and the rules governing the arbitration process. The purpose of judicial review is not to reexamine the merits of the case but to ensure that the arbitration process was fair and that the arbitrator acted within their authority.

2. Grounds for Challenging an Arbitration Award:

Arbitration Act or Statutes:

Most jurisdictions have laws or statutes that govern arbitration proceedings, such as the Federal Arbitration Act in the United States or the Arbitration Act in the United Kingdom. These laws often include specific provisions regarding the limited grounds on which an arbitration award can be challenged or set aside.

Grounds for Challenging an Arbitration Award Typically Include:

Lack of Jurisdiction: A party may challenge an arbitration award if the arbitrator exceeded their authority or acted outside the scope of the arbitration agreement.

Procedural Irregularities: A party may seek to set aside an award if there were serious procedural irregularities that affected the fairness of the arbitration process.

Bias or Corruption: An award may be challenged if there is evidence that the arbitrator was biased or acted corruptly during the proceedings.

Violation of Public Policy: In some jurisdictions, an arbitration award can be set aside if it violates public policy or is contrary to the law.

3. Arbitration Appeal Process:

Judicial Review of Arbitration Awards:

The process of challenging an arbitration award is typically referred to as “judicial review” or “vacatur.” It involves a party seeking relief from a court to set aside or modify the award. However, it is essential to understand that the standard for judicial review is stringent, and courts are generally reluctant to interfere with arbitration awards.

Standard of Review:

Courts apply a deferential standard of review to arbitration awards, known as the “arbitrary and capricious” or “manifest disregard of the law” standard. This means that a court will not disturb an arbitration award simply because it disagrees with the arbitrator’s decision. Instead, the challenging party must demonstrate that the award was arbitrary, capricious, or that the arbitrator knowingly disregarded the law.

Timing for Challenging an Award:

The time frame for challenging an arbitration award varies depending on the jurisdiction and the applicable law. In many jurisdictions, there is a specific window during which a party must file a motion to vacate or modify an award. If a party fails to challenge the award within the prescribed time frame, the award becomes final and binding.

4. Implications for Real Estate Disputes:

Binding Nature of Arbitration Awards:

In real estate disputes, parties often turn to arbitration as a means of efficiently resolving conflicts without resorting to lengthy and costly court proceedings. When parties agree to arbitrate their dispute, they are bound by the arbitrator’s decision, and the award is generally enforceable in court. This finality allows parties to move forward and implement the resolution without the possibility of extended appeals.

Choosing Arbitration in Real Estate Transactions:

In real estate transactions, parties may include arbitration clauses in contracts, such as purchase agreements or lease agreements. These clauses stipulate that any disputes arising from the contract will be resolved through arbitration. The inclusion of an arbitration clause provides parties with a predetermined mechanism for resolving disputes and can help streamline the resolution process.

Benefits of Arbitration in Real Estate Disputes:

Cost Savings: Arbitration is often less expensive than litigation, making it an attractive option for parties seeking to avoid high legal fees and other litigation-related costs.

Efficiency: Arbitration typically moves more quickly than court proceedings, allowing parties to resolve their disputes promptly.

Expertise of Arbitrator: Parties have the opportunity to select an arbitrator with expertise in real estate law or the specific subject matter of the dispute, ensuring that the case is evaluated by a knowledgeable professional.


Arbitration is a widely used alternative dispute resolution method in real estate law, offering parties a cost-effective and efficient means of resolving disputes. While arbitration awards are generally final and binding, there are limited grounds for challenging or setting aside an award. The ability to appeal an arbitration award is typically reserved for cases involving serious procedural irregularities, bias or corruption, a lack of jurisdiction, or a violation of public policy.

When considering arbitration as a method of resolving real estate disputes, parties should carefully weigh the advantages of efficiency and finality against the limited grounds for appeal. Consulting with an experienced real estate attorney can provide valuable guidance on the potential implications of including an arbitration clause in contracts and navigating the arbitration process effectively.

Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. The ability to appeal arbitration awards may vary by jurisdiction and the specific laws governing the arbitration process. Parties involved in real estate disputes should seek legal counsel for advice specific to their circumstances.

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