File illustration. 'Irrationally and Intentionally': Intermediate Court to Consider Whether Arbitration Award Should Be Vacated Because Arbitrator Was on Pain Medication
"Appellants would like the Court to believe this is simply an arbitration in which a party did not get all the attorney fees he wanted," the appellees wrote in their reply brief. "It is actually an extraordinary case in which an arbitrator not only slashed attorney fees dramatically but did a 180-degree reversal of his proper rulings."
April 08, 2024 at 03:57 PM
4 minute read
Alternative Dispute Resolution
What You Need to Know
- A party on the favorable end of an arbitration award is appealing a trial court's order overturning the decision.
- The appellee, however, argues that the award should have been vacated because the arbitrator was on strong pain medication when deciding the initial outcome.
- Now it's up to the intermediate court to decide if the appellee met his burden of proof and if the trial court order matched the Legislature's intent.
The Georgia Court of Appeals is slated to consider whether an attorney fee award reduced to $78,000 from $524,000 should be vacated because the arbitrator was impaired by strong back pain medication when he amended the award.
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