Perjury at an Arbitration Hearing—Grounds to Vacate?
The Federal Arbitration Act (FAA) permits a court to vacate an arbitration award "where the award was procured by corruption, fraud or undue means," 9 U.S.C. Section 10(a)(1). The Pennsylvania Uniform Arbitration Act says pretty much the same thing—a court can vacate an arbitration award if "fraud, misconduct, corruption or other irregularity caused the rendition of an unjust, inequitable or unconscionable award."
August 21, 2017 at 05:00 PM
7 minute read
ADR
Editor's note: This article describes a hypothetical situation.
The Federal Arbitration Act (FAA) permits a court to vacate an arbitration award “where the award was procured by corruption, fraud or undue means,” 9 U.S.C. Section 10(a)(1). The Pennsylvania Uniform Arbitration Act says pretty much the same thing—a court can vacate an arbitration award if “fraud, misconduct, corruption or other irregularity caused the rendition of an unjust, inequitable or unconscionable award.”
“These acts are our life line,” Bob muttered. Why? Because Bob's client lost at an arbitration proceeding where his adversary lied. And then lied some more. Bob had indisputable evidence to prove the lie. “If that's not 'fraud,'” Bob continued, “these acts mean nothing.” But did Bob really understand the meaning of the statutory language?
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