R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 28-9-18 (2026)

Grounds for vacating award

✓ current as of July 2026
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(a) In any of the following cases the court must make an order vacating the award, upon the application of any party to the controversy that was arbitrated:

(1) When the award was procured by fraud.

(2) Where the arbitrator or arbitrators exceeded their powers, or so imperfectly executed them, that a mutual, final, and definite award upon the subject matter submitted was not made.

(3) If there was no valid submission or contract, and the objection has been raised under the conditions set forth in § 28-9-13.

(b) A motion to vacate, modify, or correct an arbitrator’s award shall not be entertained by the court unless the award is first implemented by the party seeking its vacation, modification, or correction; provided, the court, upon sufficient cause shown, may order the stay of the award or any part of it upon circumstances and conditions that it may prescribe.

(c) If the motion to vacate, modify, or correct an arbitrator’s award is denied, the moving party shall pay the costs and reasonable attorneys’ fees of the prevailing party.

Notes of Decisions
Cited in 50 cases (3 in the last 5 years), 1975–2022 · leading case: City of Cranston v. Rhode Island Laborers' Dist. Council, 960 A.2d 529 (R.I. 2008).
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City of Cranston v. Rhode Island Laborers' Dist. Council, 960 A.2d 529 (R.I. 2008). · cites it 14× “Upon that application, the court must grant the order unless the award is vacated, modified, or corrected as prescribed in §§ 28-9-18 and 28-9-19, or unless the award is unenforceable under the provisions of § 28-9-13.”
Jacinto v. Egan, 391 A.2d 1173 (R.I. 1978). · cites it 14× “1956 (1968 Reenactment) § 28-9-18. In a decision dated September 23, 1976, the trial justice held that the arbitrator had, in effect, amended the agreement by granting Ms.”
Town of Coventry v. Turco, 574 A.2d 143 (R.I. 1990). · cites it 15× “1956 (1986 Reenactment) § 28-9-18. [1] On July 6, 1988, the union counterclaimed, seeking confirmation of the panel's award.”
Woonsocket Teachers' Guild, Local 951 v. Woonsocket Sch. Comm., 770 A.2d 834 (R.I. 2001). · cites it 7× “I Standard of Review The judicial authority of the Superior Court to review or vacate an arbitration award in labor disputes is limited pursuant to § 28-9-18. Appellate review by this Court is provided by § 28-9-25 as follows: “[a]n appeal may be taken from an order made in a…”
City of East Providence v. United Steelworkers, Local 15509, 925 A.2d 246 (R.I. 2007). · cites it 9× “Although it is true in a very literal sense that chapter 9 of title 28 confers no right of “appeal” on a party aggrieved by an arbitrator’s award, § 28-9-18 does offer the option of filing a motion to vacate that award.”
Belanger v. Matteson, 346 A.2d 124 (R.I. 1975). · cites it 12× “Section 28-9-18 limits the jurisdiction of the Superior Court to vacate an award on proof of any one of these three specific grounds: (1) "fraud" in the procuring of the award, (2) the arbitrators have exceeded their powers or have so imperfectly executed them that no "mutual,…”
Sean Gannon v. City of Pawtucket, 200 A.3d 1074 (R.I. 2019). · cites it 8× “The union also expressed its apprehension about the risk of exposure to an award of attorneys' fees, pursuant to G.L. 1956 § 28-9-18(c), should a petition to vacate the award be unsuccessful.”
Burns v. Segerson, 404 A.2d 500 (R.I. 1979). · cites it 12× “1956 (1968 Reenactment) §28-9-18. 2 Shortly thereafter the union filed a motion to confirm the award pursuant to §28-9-17.”
Dolores Nugent v. State of Rhode Island Pub. Def.'s Off., 184 A.3d 703 (R.I. 2018). · cites it 7× “Specifically, the Public Defender’s Office argued that, under the terms of the collective bargaining agreement, only the union or the Public Defender’s Office—the parties to that agreement—could bring the grievance to arbitration and subsequently seek judicial review of the…”
Joyce Wheeler v. Encompass Ins. Co., 66 A.3d 477 (R.I. 2013). · cites it 9× “However, this difference is immaterial to our analysis because chapter 9 of title 28 and chapter 3 of title 10 employ virtually identical language to define the contours of a trial justice‘s authority to confirm, modify, or vacate an arbitration award.”
Nappa Constr. Mgmt., LLC v. Caroline Flynn Caroline Flynn v. Nappa Constr. Mgmt., LLC, 152 A.3d 1128 (R.I. 2017). · cites it 6× “2005) (quoting G.L. 1956 § 28-9-18 ). "It is well settled that an arbitrator exceeds his or her powers under § 28-9-18(a)(2) [ 6 ] if the arbitration award fails to 'draw its essence from the agreement, if it was not based upon a passably plausible interpretation thereof, if it…”
State Dep't of Corr. v. Rhode Island Bhd. of Corr. Officers, 867 A.2d 823 (R.I. 2005). · cites it 5× “On April 5, 2002, pursuant to G.L.1956 § 28-9-18, the state filed a motion in Superior Court to vacate the arbitrator’s award.”
Show all 50 citing cases →
R.I. Gen. Laws § 28-9-18(a): 14 cases
City of Cranston v. Rhode Island Laborers' Dist. Council, 960 A.2d 529 (R.I. 2008). “Upon that application, the court must grant the order unless the award is vacated, modified, or corrected as prescribed in §§ 28-9-18 and 28-9-19, or unless the award is unenforceable under the provisions of § 28-9-13.”
City of East Providence v. United Steelworkers, Local 15509, 925 A.2d 246 (R.I. 2007). “Although it is true in a very literal sense that chapter 9 of title 28 confers no right of “appeal” on a party aggrieved by an arbitrator’s award, § 28-9-18 does offer the option of filing a motion to vacate that award.”
Woonsocket Teachers' Guild, Local 951 v. Woonsocket Sch. Comm., 770 A.2d 834 (R.I. 2001). “I Standard of Review The judicial authority of the Superior Court to review or vacate an arbitration award in labor disputes is limited pursuant to § 28-9-18. Appellate review by this Court is provided by § 28-9-25 as follows: “[a]n appeal may be taken from an order made in a…”
State of Rhode Island, Dep't of Corr. v. Rhode Island Bhd. of Corr. Officers, 64 A.3d 734 (R.I. 2013).
Dolores Nugent v. State of Rhode Island Pub. Def.'s Off., 184 A.3d 703 (R.I. 2018). “Specifically, the Public Defender’s Office argued that, under the terms of the collective bargaining agreement, only the union or the Public Defender’s Office—the parties to that agreement—could bring the grievance to arbitration and subsequently seek judicial review of the…”
R.I. Gen. Laws § 28-9-18(a)(2): 21 cases
City of Cranston v. Rhode Island Laborers' Dist. Council, 960 A.2d 529 (R.I. 2008). “Upon that application, the court must grant the order unless the award is vacated, modified, or corrected as prescribed in §§ 28-9-18 and 28-9-19, or unless the award is unenforceable under the provisions of § 28-9-13.”
Woonsocket Teachers' Guild, Local 951 v. Woonsocket Sch. Comm., 770 A.2d 834 (R.I. 2001). “I Standard of Review The judicial authority of the Superior Court to review or vacate an arbitration award in labor disputes is limited pursuant to § 28-9-18. Appellate review by this Court is provided by § 28-9-25 as follows: “[a]n appeal may be taken from an order made in a…”
State, Dep't of Mental Health, Retardation, & Hospitals v. Rhode Island Council 94, 692 A.2d 318 (R.I. 1997).
Nappa Constr. Mgmt., LLC v. Caroline Flynn Caroline Flynn v. Nappa Constr. Mgmt., LLC, 152 A.3d 1128 (R.I. 2017). “2005) (quoting G.L. 1956 § 28-9-18 ). "It is well settled that an arbitrator exceeds his or her powers under § 28-9-18(a)(2) [ 6 ] if the arbitration award fails to 'draw its essence from the agreement, if it was not based upon a passably plausible interpretation thereof, if it…”
Town of North Providence v. Local 2334 Int'l Ass'n of Fire Fighters, 763 A.2d 604 (R.I. 2000).
R.I. Gen. Laws § 28-9-18(a)(3): 1 case
State, Dep't of Corr. v. Rhode Island Bhd. of Corr. Officers, 866 A.2d 1241 (R.I. 2005).
R.I. Gen. Laws § 28-9-18(a)(l): 1 case
RI Council 94, Afscme, Afl-Cio v. State, 714 A.2d 584 (R.I. 1998).
R.I. Gen. Laws § 28-9-18(b): 5 cases
Town of Coventry v. Turco, 574 A.2d 143 (R.I. 1990). “1956 (1986 Reenactment) § 28-9-18. [1] On July 6, 1988, the union counterclaimed, seeking confirmation of the panel's award.”
Jacinto v. Egan, 391 A.2d 1173 (R.I. 1978). “1956 (1968 Reenactment) § 28-9-18. In a decision dated September 23, 1976, the trial justice held that the arbitrator had, in effect, amended the agreement by granting Ms.”
Belanger v. Matteson, 346 A.2d 124 (R.I. 1975). “Section 28-9-18 limits the jurisdiction of the Superior Court to vacate an award on proof of any one of these three specific grounds: (1) "fraud" in the procuring of the award, (2) the arbitrators have exceeded their powers or have so imperfectly executed them that no "mutual,…”
Rhode Island Court Reporters All. v. State, 591 A.2d 376 (R.I. 1991).
Providence Teachers Union v. Providence Sch. Comm., 440 A.2d 124 (R.I. 1982).
R.I. Gen. Laws § 28-9-18(c): 6 cases
Sean Gannon v. City of Pawtucket, 200 A.3d 1074 (R.I. 2019). “The union also expressed its apprehension about the risk of exposure to an award of attorneys' fees, pursuant to G.L. 1956 § 28-9-18(c), should a petition to vacate the award be unsuccessful.”
Burns v. Segerson, 404 A.2d 500 (R.I. 1979). “1956 (1968 Reenactment) §28-9-18. 2 Shortly thereafter the union filed a motion to confirm the award pursuant to §28-9-17.”
Providence Teachers Union v. Providence Sch. Comm., 440 A.2d 124 (R.I. 1982).
City of Woonsocket v. Int'l Bhd. of Police Officers, Local 404, 839 A.2d 516 (R.I. 2003).
West Warwick Hous. Auth. v. RI Council 94, AFSCME, AFL-CIO, 277 A.3d 707 (R.I. 2022).
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