435.405. 1. Upon application of a party, the court shall vacate anaward where:
(1) The award was procured by corruption, fraud or other undue means;
(2) There was evident partiality by an arbitrator appointed as aneutral or corruption in any of the arbitrators or misconduct prejudicingthe rights 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 section 435.370, as to prejudice substantially the rights ofa party; or
(5) There was no arbitration agreement and the issue was notadversely determined in proceedings pursuant to section 435.355 and theparty did not participate in the arbitration hearing without raising theobjection; but the fact that the relief was such that it could not or wouldnot be granted by a court of law or equity is not ground for vacating orrefusing to confirm the award.
2. An application pursuant to this section shall be made withinninety days after delivery of a copy of the award to the applicant, exceptthat, if predicated upon corruption, fraud or other undue means, it shallbe made within ninety days after such grounds are known or should have beenknown.
3. In vacating the award on grounds other than stated in subdivision(5) of subsection 1 of this section or subsection 5 of this section, thecourt may order a rehearing before new arbitrators chosen as provided inthe agreement, or in the absence thereof, by the court in accordance withsection 435.360, or if the award is vacated on grounds set forth insubdivisions (3) and (4) of subsection 1 of this section the court mayorder a rehearing before the arbitrators who made the award or theirsuccessors appointed in accordance with section 435.360. The time withinwhich the agreement requires the award to be made is applicable to therehearing and commences from the date of the order.
4. If the application to vacate is denied and no motion to modify orcorrect the award is pending, the court shall confirm the award.
5. Notwithstanding the provisions of this section, if an arbitrationaward in any legal proceeding pursuant to chapter 452, RSMo, or chapter454, RSMo, determines an issue regarding a child of the marriage, suchdetermination shall be subject to de novo judicial review.
(L. 1980 H.B. 1203 § 12, A.L. 1998 S.B. 910)
(1998) Section does not authorize setting aside award due to manifest disregard of the law. Edward D. Jones & Co. v. Schwartz, 969 S.W.2d 788 (W.D.Mo.).
435.405. 1. Upon application of a party, the court shall vacate anaward where:
(1) The award was procured by corruption, fraud or other undue means;
(2) There was evident partiality by an arbitrator appointed as aneutral or corruption in any of the arbitrators or misconduct prejudicingthe rights 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 section 435.370, as to prejudice substantially the rights ofa party; or
(5) There was no arbitration agreement and the issue was notadversely determined in proceedings pursuant to section 435.355 and theparty did not participate in the arbitration hearing without raising theobjection; but the fact that the relief was such that it could not or wouldnot be granted by a court of law or equity is not ground for vacating orrefusing to confirm the award.
2. An application pursuant to this section shall be made withinninety days after delivery of a copy of the award to the applicant, exceptthat, if predicated upon corruption, fraud or other undue means, it shallbe made within ninety days after such grounds are known or should have beenknown.
3. In vacating the award on grounds other than stated in subdivision(5) of subsection 1 of this section or subsection 5 of this section, thecourt may order a rehearing before new arbitrators chosen as provided inthe agreement, or in the absence thereof, by the court in accordance withsection 435.360, or if the award is vacated on grounds set forth insubdivisions (3) and (4) of subsection 1 of this section the court mayorder a rehearing before the arbitrators who made the award or theirsuccessors appointed in accordance with section 435.360. The time withinwhich the agreement requires the award to be made is applicable to therehearing and commences from the date of the order.
4. If the application to vacate is denied and no motion to modify orcorrect the award is pending, the court shall confirm the award.
5. Notwithstanding the provisions of this section, if an arbitrationaward in any legal proceeding pursuant to chapter 452, RSMo, or chapter454, RSMo, determines an issue regarding a child of the marriage, suchdetermination shall be subject to de novo judicial review.
(L. 1980 H.B. 1203 § 12, A.L. 1998 S.B. 910)
(1998) Section does not authorize setting aside award due to manifest disregard of the law. Edward D. Jones & Co. v. Schwartz, 969 S.W.2d 788 (W.D.Mo.).
435.405. 1. Upon application of a party, the court shall vacate anaward where:
(1) The award was procured by corruption, fraud or other undue means;
(2) There was evident partiality by an arbitrator appointed as aneutral or corruption in any of the arbitrators or misconduct prejudicingthe rights 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 section 435.370, as to prejudice substantially the rights ofa party; or
(5) There was no arbitration agreement and the issue was notadversely determined in proceedings pursuant to section 435.355 and theparty did not participate in the arbitration hearing without raising theobjection; but the fact that the relief was such that it could not or wouldnot be granted by a court of law or equity is not ground for vacating orrefusing to confirm the award.
2. An application pursuant to this section shall be made withinninety days after delivery of a copy of the award to the applicant, exceptthat, if predicated upon corruption, fraud or other undue means, it shallbe made within ninety days after such grounds are known or should have beenknown.
3. In vacating the award on grounds other than stated in subdivision(5) of subsection 1 of this section or subsection 5 of this section, thecourt may order a rehearing before new arbitrators chosen as provided inthe agreement, or in the absence thereof, by the court in accordance withsection 435.360, or if the award is vacated on grounds set forth insubdivisions (3) and (4) of subsection 1 of this section the court mayorder a rehearing before the arbitrators who made the award or theirsuccessors appointed in accordance with section 435.360. The time withinwhich the agreement requires the award to be made is applicable to therehearing and commences from the date of the order.
4. If the application to vacate is denied and no motion to modify orcorrect the award is pending, the court shall confirm the award.
5. Notwithstanding the provisions of this section, if an arbitrationaward in any legal proceeding pursuant to chapter 452, RSMo, or chapter454, RSMo, determines an issue regarding a child of the marriage, suchdetermination shall be subject to de novo judicial review.
(L. 1980 H.B. 1203 § 12, A.L. 1998 S.B. 910)
(1998) Section does not authorize setting aside award due to manifest disregard of the law. Edward D. Jones & Co. v. Schwartz, 969 S.W.2d 788 (W.D.Mo.).
