5-412.   Vacating an award.(a) Upon application of a party, the court shall vacate an award where:

      (1)   The award was procured by corruption, fraud or other undue means;

      (2)   There was evident partiality by an arbitrator appointed as a neutralor corruption in any of the arbitrators or misconduct prejudicing therights of any party;

      (3)   The arbitrators exceeded their powers;

      (4)   The arbitrators refused to postpone the hearing upon sufficientcause being shown therefor or refused to hear evidence material to thecontroversy or otherwise so conducted the hearing, contrary to theprovisions of K.S.A. 5-405, as to prejudice substantially the rights of aparty; or

      (5)   There was no arbitration agreement and the issue was not adverselydetermined in proceedings under K.S.A. 5-402 and the party did notparticipate in the arbitration hearing without raising the objection;

      But the fact that the relief was such that it could not or would not begranted by a court of law or equity is not ground for vacating or refusingto confirm the award.

      (b)   An application under this section shall be made within ninety (90)days after delivery of a copy of the award to the applicant, except that,if predicated upon corruption, fraud or other undue means, it shall be madewithin ninety (90) days after such grounds are known or should have beenknown.

      (c)   In vacating the award on grounds other than stated in paragraph (5)of subsection (a) of this section, the court may order a rehearing beforenew arbitrators chosen as provided in the agreement, or in the absencethereof, by the court in accordance with K.S.A. 5-403, or, if the award isvacated on grounds set forth in paragraphs (3) and (4) of subsection (a) ofthis section, the court may order a rehearing before the arbitrators whomade the award or their successors appointed in accordance with K.S.A.5-403. The time within which the agreement requires the award to be made isapplicable to the rehearing and commences from the date of the order.

      (d)   If the application to vacate is denied and no motion to modify orcorrect the award is pending, the court shall confirm the award.

      History:   L. 1973, ch. 24, § 12; July 1.