Wash. Rev. Code § 7.04A.230
Vacating award
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(1) Upon motion of a party to the arbitration proceeding, the court shall vacate an award if:
(a) The award was procured by corruption, fraud, or other undue means;
(b) There was:
(i) Evident partiality by an arbitrator appointed as a neutral;
(ii) Corruption by an arbitrator; or
(iii) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
(c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to RCW 7.04A.150, so as to prejudice substantially the rights of a party to the arbitration proceeding;
(d) An arbitrator exceeded the arbitrator's powers;
(e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under RCW 7.04A.150(3) not later than the commencement of the arbitration hearing; or
(f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in RCW 7.04A.090 so as to prejudice substantially the rights of a party to the arbitration proceeding.
(2) A motion under this section must be filed within ninety days after the movant receives notice of the award in a record under RCW 7.04A.190 or within ninety days after the movant receives notice of an arbitrator's award in a record on a motion to modify or correct an award under RCW 7.04A.200, unless the motion is predicated upon the ground that the award was procured by corruption, fraud, or other undue means, in which case it must be filed within ninety days after such a ground is known or by the exercise of reasonable care should have been known by the movant.
(3) In vacating an award on a ground other than that set forth in subsection (1)(e) of this section, the court may order a rehearing before a new arbitrator. If the award is vacated on a ground stated in subsection (1)(c), (d), or (f) of this section, the court may order a rehearing before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in RCW 7.04A.190(2) for an award.
(4) If a motion to vacate an award is denied and a motion to modify or correct the award is not pending, the court shall confirm the award.
[ 2005 c 433 s 23.]
Notes of Decisions
Cited in 64
cases (27 in the last 5 years), 2007–2026 · leading case: Mainline Rock & Ballast, Inc. v. Barnes, Inc.
Mainline Rock & Ballast, Inc. v. Barnes, Inc. (2019)
“... (d) An arbitrator exceeded the arbitrator’s powers; .”
S & S Const., Inc. v. Adc Properties LLC (2009)
“in the proceeding," then the award may be vacated under RCW 7.04A.230(1)(b).”
S&S Construction, Inc. v. ADC Properties, LLC (2009)
“RCW 7.04A.230 states: (1) Upon motion of a party to the arbitration proceeding, the court shall vacate an award if: (d) An arbitrator exceeded the arbitrator’s powers.”
Cummings v. Budget Tank Removal & Environmental Services, LLC (2011)
“240 or is vacated *392 under RCW 7.04A.230.” RCW 7.04A.220 (emphasis added).”
Rimov v. Schultz (2011)
“Therefore, she argues the trial court should be affirmed.”
Mainline Rock & Ballast, Inc. v. Barnes, Inc. (2019)
“PROCEDURE Barnes, pursuant to RCW 7.04A.230(1)(d), filed a motion with the superior court to vacate the arbitration award.”
Optimer Intern, Inc. v. Rp Bellevue, LLC (2009)
“901 [requiring that, in construing and applying the Act, consideration must be given to the need to promote uniformity of the statute among states that enact it], 7.”
AURC III, LLC v. Point Ruston Phase II, LLC (2024)
“240 or is vacated under RCW 7.04A.230. RCW 7.04A.220. RCW 7.04A.200, .”
Optimer International, Inc. v. RP Bellevue, LLC (2009)
“901 [requiring that, in construing and applying the Act, consideration must be given to the need to promote uniformity of the statute among states that enact it], [or] 7.”
Broom v. Morgan Stanley DW Inc. (2010)
“The relevant vacation provisions in Wa-RUAA, RCW 7.04A.230, do not permit a court to conclude that an arbitrator's resolution of questions under NASD Code section 10304 is a legal error requiring vacation because another Wa-RUAA provision, RCW 7.”
Broom v. Morgan Stanley DW, Inc. (2010)
“The relevant vacation provisions in Wa-RUAA, RCW 7.04A.230, do not permit a court to con- *249 elude that an arbitrator’s resolution of questions under NASD Code section 10304 is a legal error requiring vacation because another Wa-RUAA provision, RCW 7.”
Dan's Trucking, Inc. v. Kerr Contractors, Inc. (2014)
“RCW 7.04A.230 governs judicial review of contractually agreed arbitration awards under the UAA and does not contain a right to a trial de novo.”
— Wash. Rev. Code § 7.04A.230(1) — 17 cases
— Wash. Rev. Code § 7.04A.230(1)(a) — 7 cases
Leibsohn Property Advisors Incorp., App/cr-resp. v. Colliers Inter. Realty Advisors, Resps/cr-apps (2013)
— Wash. Rev. Code § 7.04A.230(1)(b) — 3 cases
S & S Const., Inc. v. Adc Properties LLC (2009)
“in the proceeding," then the award may be vacated under RCW 7.04A.230(1)(b).”
— Wash. Rev. Code § 7.04A.230(1)(b)(i) — 7 cases
S & S Const., Inc. v. Adc Properties LLC (2009)
“in the proceeding," then the award may be vacated under RCW 7.04A.230(1)(b).”
— Wash. Rev. Code § 7.04A.230(1)(b)(iii) — 2 cases
— Wash. Rev. Code § 7.04A.230(1)(c) — 4 cases
— Wash. Rev. Code § 7.04A.230(1)(d) — 30 cases
Mainline Rock & Ballast, Inc. v. Barnes, Inc. (2019)
“... (d) An arbitrator exceeded the arbitrator’s powers; .”
S & S Const., Inc. v. Adc Properties LLC (2009)
“in the proceeding," then the award may be vacated under RCW 7.04A.230(1)(b).”
Cummings v. Budget Tank Removal & Environmental Services, LLC (2011)
“240 or is vacated *392 under RCW 7.04A.230.” RCW 7.04A.220 (emphasis added).”
Mainline Rock & Ballast, Inc. v. Barnes, Inc. (2019)
“PROCEDURE Barnes, pursuant to RCW 7.04A.230(1)(d), filed a motion with the superior court to vacate the arbitration award.”
Optimer Intern, Inc. v. Rp Bellevue, LLC (2009)
“901 [requiring that, in construing and applying the Act, consideration must be given to the need to promote uniformity of the statute among states that enact it], 7.”
— Wash. Rev. Code § 7.04A.230(1)(e) — 3 cases
Rimov v. Schultz (2011)
“Therefore, she argues the trial court should be affirmed.”
— Wash. Rev. Code § 7.04A.230(1)(f) — 2 cases
— Wash. Rev. Code § 7.04A.230(2) — 10 cases
— Wash. Rev. Code § 7.04A.230(4) — 4 cases
Mainline Rock & Ballast, Inc. v. Barnes, Inc. (2019)
“PROCEDURE Barnes, pursuant to RCW 7.04A.230(1)(d), filed a motion with the superior court to vacate the arbitration award.”
Leibsohn Property Advisors Incorp., App/cr-resp. v. Colliers Inter. Realty Advisors, Resps/cr-apps (2013)
— Wash. Rev. Code § 7.04A.230(c) — 2 cases
— Wash. Rev. Code § 7.04A.230(d) — 2 cases
— Wash. Rev. Code § 7.04A.230(l)(b) — 1 case
— Wash. Rev. Code § 7.04A.230(l)(b)(i) — 1 case
S&S Construction, Inc. v. ADC Properties, LLC (2009)
“RCW 7.04A.230 states: (1) Upon motion of a party to the arbitration proceeding, the court shall vacate an award if: (d) An arbitrator exceeded the arbitrator’s powers.”
— Wash. Rev. Code § 7.04A.230(l)(d) — 4 cases
Mainline Rock & Ballast, Inc. v. Barnes, Inc. (2019)
“... (d) An arbitrator exceeded the arbitrator’s powers; .”
S&S Construction, Inc. v. ADC Properties, LLC (2009)
“RCW 7.04A.230 states: (1) Upon motion of a party to the arbitration proceeding, the court shall vacate an award if: (d) An arbitrator exceeded the arbitrator’s powers.”
Optimer International, Inc. v. RP Bellevue, LLC (2009)
“901 [requiring that, in construing and applying the Act, consideration must be given to the need to promote uniformity of the statute among states that enact it], [or] 7.”
— Wash. Rev. Code § 7.04A.230(l)(e) — 1 case
Rimov v. Schultz (2011)
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