Title 9, Chapter 9, Section 13
( 9-9-13)
(a) An application to vacate an award shall be made to the court
within three months after delivery of a copy of the award to the
applicant. (b) The award shall be vacated on the application of a party who
either participated in the arbitration or was served with a demand
for arbitration if the court finds that the rights of that party
were prejudiced by: (1) Corruption, fraud, or misconduct in procuring the award; (2) Partiality of an arbitrator appointed as a neutral; (3) An overstepping by the arbitrators of their authority or such
imperfect execution of it that a final and definite award upon the
subject matter submitted was not made; or (4) A failure to follow the procedure of this part, unless the
party applying to vacate the award continued with the arbitration
with notice of this failure and without objection. (c) The award shall be vacated on the application of a party who
neither participated in the arbitration nor was served with a demand
for arbitration or order to compel arbitration if the court finds
that: (1) The rights of the party were prejudiced by one of the grounds
specified in subsection (b) of this Code section; (2) A valid agreement to arbitrate was not made; (3) The agreement to arbitrate has not been complied with; or (4) The arbitrated claim was barred by limitation of time, as
provided by this part. (d) The fact that the relief was such that it could not or would not
be granted by a court of law or equity is not ground for vacating or
refusing to confirm the award. (e) Upon vacating an award, the court may order a rehearing and
determination of all or any of the issues either before the same
arbitrators or before new arbitrators appointed as provided by this
part. In any provision of an agreement limiting the time for a
hearing or award, time shall be measured from the date of such order
or rehearing, whichever is appropriate, or a time may be specified
by the court. The court's ruling or order under this Code section
shall constitute a final judgment and shall be subject to appeal in
accordance with the appeal provisions of this part. |