Arbitration & ADR in Washington, DC

Name: Waxman Litigation — Chevy Chase office
Address: 5425 Wisconsin Ave Ste 600, Chevy Chase, MD, 20815, US

If your contract has an arbitration clause, the dispute may never reach a courtroom, and the grounds for undoing an award afterwards are deliberately narrow. D.C.’s Revised Uniform Arbitration Act is at Title 16, Chapter 44. § 16–4407 governs motions to compel or stay arbitration, and § 16–4423 sets out the limited circumstances in which a court shall vacate an award. Knowing those grounds before the arbitration matters far more than arguing about them after it.

Can arbitration be compelled — or stopped?

(a) On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement: (1) If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and (2) If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate. (b) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate. (c) If the court finds that there is no enforceable agreement, it may not, pursuant to subsection (a) or (b) of this sect…

D.C. Code § 16–4407 — Motion to compel or stay arbitration

The practical point: whether a dispute belongs in arbitration is itself litigated, and it is litigated early. A clause that is ambiguous about scope invites exactly that fight.

On what grounds can an award be undone?

Note the framing: the court shall vacate on these grounds, and the list is exhaustive.

(a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: (1) The award was procured by corruption, fraud, or other undue means; (2) There was: (A) Evident partiality by an arbitrator appointed as a neutral arbitrator; (B) Corruption by an arbitrator; or (C) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding; (3) 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 § 16-4415 , so as to prejudice substantially the rights of a party to the arbitration proceeding; (4) An arbitrator exceeded the arbitrator’s powers; (5) There was no agreement to arbitrate; or (6) The arbitration was conducted without proper notice of the initiation of an arbitration as required in § 16-4409 so as to prejudice substantially the rights of a party to the arbitration proceeding. (b) The court may vacate an award made in the arbitration proceeding on other reasonable ground. (c) A motion under this section shall be filed within 90 days aft…

D.C. Code § 16–4423 — Vacating award

There is no general appeal on the merits. Dissatisfaction with the outcome is not a ground.

Should a business agree to arbitrate?

It is a trade-off to make when the contract is drafted, not when the dispute arrives. Arbitration can offer speed and confidentiality; it also narrows review almost to vanishing point, as § 16–4423 shows. Where confidentiality is the driver, note that litigation has its own protective mechanism: the Trade Secrets Act requires the court to preserve secrecy under § 36–405.

What does D.C. arbitration law control, and what does it not?

D.C.’s arbitration act decides two things that matter most in practice, whether you can be forced into arbitration, and the narrow grounds on which an award can be undone. The grounds for vacating are deliberately limited; disagreeing with the outcome is not among them.

The question	D.C. Code provision	Official heading
What do the terms mean?	§ 16–4401	“Definitions”
Can I be forced into arbitration?	§ 16–4407	“Motion to compel or stay arbitration”
Can the award be undone?	§ 16–4423	“Vacating award”

Sources: D.C. Official Code §§ 16–4401, 16–4407, 16–4423, as published by the Council of the District of Columbia. Section headings are quoted verbatim; provisions are summarized — read the sections.

Frequently asked questions

Can we get out of an arbitration clause?

That is decided on a motion, and it turns on two questions. They are whether there is an agreement to arbitrate and whether the dispute falls within it. See § 16–4407.

Can an arbitration award be appealed?

An award cannot be appealed on the merits. § 16–4423 lists the grounds on which a court shall vacate an award, including corruption, fraud or other undue means, and the list is exhaustive.

Is arbitration confidential?

Often, by agreement or rules. Note that litigation also has a confidentiality mechanism for trade secrets under D.C. Code § 36–405.

Is arbitration faster?

It can be, but the threshold fight about whether a dispute is arbitrable is itself litigation. A clear scope clause is what actually saves time.

Who decides whether a dispute must go to arbitration?

The court, in the first instance. A motion to compel or to stay arbitration is brought in the Superior Court of the District of Columbia, which under D.C. Code § 11–921 has jurisdiction of any civil action or other matter, at law or in equity, brought in the District.

Why does an award survive even a plainly wrong decision?

Because review is not an appeal on the merits. D.C. Code § 16–4423 lists the grounds for vacating an award — corruption, fraud or other undue means, evident partiality by a neutral arbitrator, corruption or misconduct by an arbitrator, and refusal to postpone on a showing of sufficient cause — and an error of law or of fact is not among them.

When can a party get protective relief before the arbitrator is appointed?

Relief is available straight away, before an arbitrator is in place. The court may, on motion and for good cause shown, enter provisional remedies to protect the effectiveness of the arbitration, to the same extent as if the dispute were the subject of a civil action. See D.C. Code § 16-4408(a).

Where is a motion to vacate an award filed?

In the Superior Court of the District of Columbia. Section 16–4423 directs the motion to the court, and § 11–921 vests that court with jurisdiction over civil matters brought in the District.

How does a party challenge an arbitrator’s impartiality?

The challenge is made by moving to vacate the award. The grounds reach evident partiality by an arbitrator appointed as a neutral, corruption by an arbitrator, and misconduct by an arbitrator that prejudiced a party’s rights. See D.C. Code § 16-4423(a)(2).

Who pays the attorney’s fees in an arbitration?

It depends on the source of the right. D.C. Code § 16–4421(b) lets an arbitrator award reasonable attorney’s fees and other reasonable expenses of the arbitration only where such an award would be authorized by law in a civil action on the same claim, or where the parties’ arbitration agreement provides for it.

Sources and legal authorities

General information about D.C. law, not legal advice. Which rule applies depends on the entity, the agreement and the facts.