[§658A-23]  Vacating award.  (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
section 658A-15, 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 section 658A-15(c) 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 658A-9 so as
to prejudice substantially the rights of a party to the arbitration proceeding.



(b)  A motion under this section shall be filed
within ninety days after the movant receives notice of the award pursuant to
section 658A-19 or within ninety days after the movant receives notice of a
modified or corrected award pursuant to section 658A-20, unless the movant
alleges that the award was procured by corruption, fraud, or other undue means,
in which case the motion shall be made within ninety 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 subsection (a)(5), it may order a rehearing.  If
the award is vacated on a ground stated in subsection (a)(1) or (2), the
rehearing shall be before a new arbitrator.  If the award is vacated on a
ground stated in subsection (a)(3), (4), or (6), the rehearing may be before
the arbitrator who made the award or the arbitrator's successor.  The
arbitrator shall render the decision in the rehearing within the same time as
that provided in section 658A-19(b) 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. [L 2001, c 265, pt of §1]