Post-Arbitration Remedies and Challenges

Arbitration often brings welcome closure to disputes, but the process doesn’t always end with the final award. After the arbitrator issues a decision, there are important next steps—and potential challenges—that parties and their counsel should be prepared to navigate.

Here’s what to expect post-award:

1. Finality—With Limited Exceptions

Arbitration awards are generally binding and final. Courts give significant deference to the arbitrator’s judgment, and grounds for appeal or vacatur are narrow. Dissatisfaction with the outcome is not enough—challenges must fall under specific statutory exceptions such as fraud, corruption, misconduct, or arbitrator bias.

2. Confirming the Award

To make the award enforceable like a court judgment, parties may file a motion to confirm it. This step transforms the arbitrator’s decision into a judgment that can be enforced through collection procedures if necessary. In most jurisdictions, this is a streamlined process, assuming no objections are raised.

3. Modifying or Correcting the Award

Some errors—such as clerical mistakes or miscalculations—can be corrected through a motion to modify. However, substantive changes to the award’s outcome are rarely permitted. It’s essential to act quickly, as the timeframe for modification is often brief.

4. Vacating an Award: A High Bar

Challenging an arbitration award is difficult by design. Under the Federal Arbitration Act and state equivalents, only extreme circumstances—such as evident partiality or procedural misconduct—will lead a court to vacate an award. Strategic preparation and proper selection of a neutral arbitrator help avoid this scenario entirely.

Understanding the post-arbitration landscape helps lawyers and clients manage expectations and avoid surprises. Whether confirming, correcting, or responding to an award, it's important to act promptly and with clear legal guidance. A well-run arbitration process should offer both closure and enforceability—provided the path forward is clearly understood.