Consumer Arbitration Agreements: 11.4.6 Award Procured by Corruption, Fraud, or Undue Means
A court may vacate an award upon application of any party to the arbitration when the award was procured by corruption, fraud, or undue means.235 Parties moving for vacatur on these grounds generally must establish by clear and convincing evidence that the requisite misconduct occurred, that the misconduct was not discoverable with due diligence before or during the arbitration, and that the misconduct was material to an issue in the arbitration.236 Even when an award is attributabl