Nebraska Revised Statutes

Neb. Rev. Stat. § 25-2613 (2026)

Vacating an award

✓ current as of July 2026

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(a) Upon application of a party, the court shall vacate an award when:

(1) The award was procured by corruption, fraud, or other undue means;

(2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;

(3) The arbitrators exceeded their powers;

(4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor, refused to hear evidence material to the controversy, or otherwise so conducted the hearing, contrary to the provisions of section 25-2606, as to prejudice substantially the rights of a party;

(5) There was no arbitration agreement and the issue was not adversely determined in proceedings under section 25-2603, and the party did not participate in the arbitration hearing without raising the objection; or

(6) An arbitrator was subject to disqualification pursuant to section 25-2604.01 and failed, upon receipt of timely demand, to disqualify himself or herself as required by such section.

The fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.

(b) An application under this section shall be made within ninety days after delivery of a copy of the award to the applicant, except that if predicated upon corruption, fraud, or other undue means, it shall be made within ninety days after such grounds are known or should have been known.

(c) In vacating the award on grounds other than stated in subdivision (a)(5) of this section, the court may order a rehearing before the new arbitrators chosen as provided in the agreement or, in the absence thereof, by the court in accordance with section 25-2604, or if the award is vacated on grounds set forth in subdivisions (a)(3) and (a)(4) of this section, the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 25-2604. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.

(d) If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.

Notes of Decisions

Cited in 20 cases (6 in the last 5 years), 1991–2024 · leading case: Garlock v. 3DS Props., L. L.C., 303 Neb. 521 (Neb. 2019).

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Garlock v. 3DS Props., L. L.C., 303 Neb. 521 (Neb. 2019). · cites it 9× “**536 ERROR TO VACATE AWARD UNDER § 25-2613 Section 25-2613 provides in relevant part: (a) Upon application of a party, the court shall vacate an award when: (1) The award was procured by corruption, fraud, or other undue means; (2) There was evident partiality by an arbitrator…”

Hartman v. City of Grand Island, 657 N.W.2d 641 (Neb. 2003). · cites it 10× “” On December 6, 2001, the Hartmans filed a reply alleging that the city had waived any right to challenge the decision or award of the arbitrators by failing to timely comply with Neb. Rev. Stat. § 25-2613 (b) (Cum. Supp.”

City of Omaha v. Prof'l Firefighters Assn., 309 Neb. 918 (Neb. 2021). · cites it 15× “§ 10 (2018); Neb. Rev. Stat. § 25-2613 (a) (Reissue 2016).”

Nebraska Dep't of Health & Human Servs. v. Struss, 623 N.W.2d 308 (Neb. 2001). · cites it 4× “On May 24, 1999, the Department filed a motion pursuant to Neb. Rev. Stat. § 25-2613 (Cum. Supp. 2000) in the district court for Lancaster County to vacate the arbitrator’s award.”

Aramark Unif. & Career Apparel, Inc. v. Hunan, Inc., 757 N.W.2d 205 (Neb. 2008). · cites it 3× “Hunan responded with a motion to vacate the award under § 25-2613 of the UAA. The district court found that the contract did not involve interstate commerce and vacated the arbitration award under § 25-2613(3) and (4).”

Cinatl v. Prososki, 307 Neb. 477 (Neb. 2020). · cites it 4× “Section 25-2613 provides in relevant part: (a) Upon application of a party, the court shall vacate an award when: (1) The award was procured by corruption, fraud, or other undue means; (2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any…”

State v. Henderson, 762 N.W.2d 1 (Neb. 2009). · cites it 2× “In summary, while I disagree with many of the arbitrator's factual findings and legal conclusions and share the majority's revulsion toward Henderson's affiliation with the Knights Party and everything that organization stands for, I cannot conclude that the award of…”

Garlock v. 3DS Props., 303 Neb. 521 (Neb. 2019). · cites it 10× “§ 25-2613 (a)(5) (Reissue 2016) to support judicial vacatur.”

Signal 88 v. Lyconic, 29 Neb. Ct. App. 533 (Neb. Ct. App. 2021). · cites it 4× “] 2003): “Moreover, §25-2613 does not include any authorization for a court to vacate an arbitration award on grounds that it is excessive or inequitable.”

State v. Nebraska Assn. of Pub. Employees, 984 N.W.2d 103 (Neb. 2023). · cites it 6× “On November 10, 2020, 32 days after the award’s delivery, DHHS filed an application with the district court to vacate the arbitrator’s award on the grounds that the arbitrator “exceeded their powers” under Neb. Rev. Stat. § 25-2613 (a)(3) (Reissue 2016).”

Ronald J. Palagi, P.C. v. Prospect Funding Holdings (Ny), LLC, 302 Neb. 769 (Neb. 2019). “2d at 645 (" '[w]ithin sixty days of the application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in sections…”

State v. Nebraska Ass'n of Pub. Employees, Local 61, 477 N.W.2d 577 (Neb. 1991). · cites it 2× “I, § 13; (2) § 25-2613(a) violates Neb. Const, art. I, § 13, in that it does not provide for meaningful review of an arbitrator’s decision; (3) clauses of the labor contracts *657 between the State and NAPE and NACE which provide for final and binding arbitration are…”

Show all 20 citing cases →

— Neb. Rev. Stat. § 25-2613(3) — 1 case

Aramark Unif. & Career Apparel, Inc. v. Hunan, Inc., 757 N.W.2d 205 (Neb. 2008). “Hunan responded with a motion to vacate the award under § 25-2613 of the UAA. The district court found that the contract did not involve interstate commerce and vacated the arbitration award under § 25-2613(3) and (4).”

— Neb. Rev. Stat. § 25-2613(a) — 5 cases

State v. Henderson, 762 N.W.2d 1 (Neb. 2009). “In summary, while I disagree with many of the arbitrator's factual findings and legal conclusions and share the majority's revulsion toward Henderson's affiliation with the Knights Party and everything that organization stands for, I cannot conclude that the award of…”

City of Omaha v. Prof'l Firefighters Assn., 309 Neb. 918 (Neb. 2021). “§ 10 (2018); Neb. Rev. Stat. § 25-2613 (a) (Reissue 2016).”

State v. Nebraska Ass'n of Pub. Employees, Local 61, 477 N.W.2d 577 (Neb. 1991). “I, § 13; (2) § 25-2613(a) violates Neb. Const, art. I, § 13, in that it does not provide for meaningful review of an arbitrator’s decision; (3) clauses of the labor contracts *657 between the State and NAPE and NACE which provide for final and binding arbitration are…”

State v. Nebraska Assn. of Pub. Employees, 984 N.W.2d 103 (Neb. 2023). “On November 10, 2020, 32 days after the award’s delivery, DHHS filed an application with the district court to vacate the arbitrator’s award on the grounds that the arbitrator “exceeded their powers” under Neb. Rev. Stat. § 25-2613 (a)(3) (Reissue 2016).”

State v. Neb. Ass'n of Pub. Emp., 477 N.W.2d 577 (Neb. 1991).

— Neb. Rev. Stat. § 25-2613(a)(2) — 1 case

City of Omaha v. Prof'l Firefighters Assn., 309 Neb. 918 (Neb. 2021). “§ 10 (2018); Neb. Rev. Stat. § 25-2613 (a) (Reissue 2016).”

— Neb. Rev. Stat. § 25-2613(a)(3) — 4 cases

City of Omaha v. Prof'l Firefighters Assn., 309 Neb. 918 (Neb. 2021). “§ 10 (2018); Neb. Rev. Stat. § 25-2613 (a) (Reissue 2016).”

Nebraska Dep't of Health & Human Servs. v. Struss, 623 N.W.2d 308 (Neb. 2001). “On May 24, 1999, the Department filed a motion pursuant to Neb. Rev. Stat. § 25-2613 (Cum. Supp. 2000) in the district court for Lancaster County to vacate the arbitrator’s award.”

— Neb. Rev. Stat. § 25-2613(a)(4) — 1 case

Damrow v. Murdoch, 739 N.W.2d 229 (Neb. Ct. App. 2007).

— Neb. Rev. Stat. § 25-2613(a)(5) — 2 cases

Garlock v. 3DS Props., L. L.C., 303 Neb. 521 (Neb. 2019). “**536 ERROR TO VACATE AWARD UNDER § 25-2613 Section 25-2613 provides in relevant part: (a) Upon application of a party, the court shall vacate an award when: (1) The award was procured by corruption, fraud, or other undue means; (2) There was evident partiality by an arbitrator…”

Garlock v. 3DS Props., 303 Neb. 521 (Neb. 2019). “§ 25-2613 (a)(5) (Reissue 2016) to support judicial vacatur.”

— Neb. Rev. Stat. § 25-2613(a)(6) — 2 cases

Hartman v. City of Grand Island, 657 N.W.2d 641 (Neb. 2003). “” On December 6, 2001, the Hartmans filed a reply alleging that the city had waived any right to challenge the decision or award of the arbitrators by failing to timely comply with Neb. Rev. Stat. § 25-2613 (b) (Cum. Supp.”

Signal 88 v. Lyconic, 29 Neb. Ct. App. 533 (Neb. Ct. App. 2021). “] 2003): “Moreover, §25-2613 does not include any authorization for a court to vacate an arbitration award on grounds that it is excessive or inequitable.”

— Neb. Rev. Stat. § 25-2613(b) — 1 case

— Neb. Rev. Stat. § 25-2613(c) — 1 case

— Neb. Rev. Stat. § 25-2613(d) — 2 cases

Cinatl v. Prososki, 307 Neb. 477 (Neb. 2020). “Section 25-2613 provides in relevant part: (a) Upon application of a party, the court shall vacate an award when: (1) The award was procured by corruption, fraud, or other undue means; (2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any…”

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