Which item is NOT a ground typically cited under BCE for vacating an arbitration award?

Which item is NOT a ground typically cited under BCE for vacating an arbitration award?

• A. Bias of an arbitrator chosen to be neutral
• B. Corruption, fraud or misconduct in arbitration
• C. Exceeded powers
• D. Public policy concerns

Answer: (D)

Vacating an arbitration award under BCE rests on ensuring the fairness and proper authority of the process. The grounds typically cited are evident bias in the arbitrator, corruption, fraud or misconduct in the arbitration, and the arbitrator exceeding the powers granted by the agreement or by law. These issues strike at the integrity and jurisdiction of the proceeding, so they justify vacating the award. Public policy concerns, however, aren’t a standard ground to vacate the award itself under BCE; when public policy is at issue, courts more commonly handle it as a reason to resist recognition or enforcement of the award rather than to set aside the award on vacatur grounds.

Vacating an arbitration award under BCE rests on ensuring the fairness and proper authority of the process. The grounds typically cited are evident bias in the arbitrator, corruption, fraud or misconduct in the arbitration, and the arbitrator exceeding the powers granted by the agreement or by law. These issues strike at the integrity and jurisdiction of the proceeding, so they justify vacating the award. Public policy concerns, however, aren’t a standard ground to vacate the award itself under BCE; when public policy is at issue, courts more commonly handle it as a reason to resist recognition or enforcement of the award rather than to set aside the award on vacatur grounds.