§ 1874 Application to vacate an award

§ 1874. Application to vacate an award

   A. Upon an application and 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 Section 6 of this act, [FN1] 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, unless the person participated in the arbitration proceeding without raising the objection under subsection C of Section 16 of this act [FN2] not later than the beginning of the arbitration hearing; or

      6. The arbitration was conducted without proper notice of the initiation of an arbitration as required in Section 10 of this act [FN3] so as to prejudice substantially the rights of a party to the arbitration proceeding.

   B. An application and motion under this section must be filed within ninety (90) days after the movant receives notice of the award pursuant to Section 20 of this act [FN4] or within ninety (90) days after the movant receives notice of a modified or corrected award pursuant to Section 21 of this act, [FN5] unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within ninety (90) days after the ground is known or by the exercise of reasonable care would have been known by the movant.

   C. If the court vacates an award on a ground other than that set forth in paragraph 5 of subsection A of this section, it may order a rehearing. If the award is vacated on a ground stated in paragraph 1 or 2 of subsection A of this section, the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in paragraph 3, 4 or 6 of subsection A of this subsection, the rehearing may be 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 subsection B of Section 20 of this act for an award.

   D. If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.

   [FN1] O.S.L.2005, c. 364, § 6 [ Title 12, § 1856].

   [FN2] O.S.L.2005, c. 364, § 16 [ Title 12, § 1866].

   [FN3] O.S.L.2005, c. 364, § 10 [ Title 12, § 1860].

   [FN4] O.S.L.2005, c. 364, § 20 [ Title 12, § 1870].

   [FN5] O.S.L.2005, c. 364, § 21 [ Title 12, § 1871].

   Former Uniform Arbitration Act (1956) was added at T. 15, § 801, et seq. and repealed by Laws 2005, c. 364. § 32, effective January 1, 2006.
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