State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-569_23

§ 1‑569.23.  Vacatingaward.

(a)        Upon motion to thecourt by a party to an arbitration proceeding, the court shall vacate an awardmade in the arbitration proceeding if:

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

(2)        There was:

a.         Evident partialityby an arbitrator appointed as a neutral arbitrator;

b.         Corruption by anarbitrator; or

c.         Misconduct by anarbitrator prejudicing the rights of a party to the arbitration proceeding;

(3)        An arbitratorrefused to postpone the hearing upon a showing of sufficient cause forpostponement, refused to consider evidence material to the controversy, orotherwise conducted the hearing contrary to G.S. 1‑569.15 so as toprejudice substantially the rights of a party to the arbitration proceeding;

(4)        An arbitratorexceeded the arbitrator's powers;

(5)        There was noagreement to arbitrate, unless the person participated in the arbitrationproceeding without raising the objection under G.S. 1‑569.15(c) no laterthan the beginning of the arbitration hearing; or

(6)        The arbitration wasconducted without proper notice of the initiation of an arbitration as requiredin G.S. 1‑569.9 so as to prejudice substantially the rights of a party tothe arbitration proceeding.

(b)        A motion under thissection shall be filed within 90 days after the moving party receives notice ofthe award pursuant to G.S. 1‑569.19 or within 90 days after the movingparty receives notice of a modified or corrected award pursuant to G.S. 1‑569.20,unless the moving party alleges that the award was procured by corruption,fraud, or other undue means, in which case the motion shall be made within 90days after the ground is known, or by the exercise of reasonable care wouldhave been known, by the moving party.

(c)        If the courtvacates an award on a ground other than that set forth in subdivision (a)(5) ofthis section, it may order a rehearing. If the award is vacated on a groundstated in subdivision (1) or (2) of subsection (a) of this section, therehearing shall be before a new arbitrator. If the award is vacated on a groundstated in subdivision (3), (4), or (6) of subsection (a) of this section, therehearing may be held before the arbitrator who made the award or thearbitrator's successor. The arbitrator shall render the decision in therehearing within the same time as the time provided in G.S. 1‑569.19(b)for an award.

(d)        If the court deniesa motion to vacate an award, it shall confirm the award unless a motion tomodify or correct the award pursuant to G.S. 1‑569.24 is pending. (1927, c. 94, s. 16; 1973, c.676, s. 1; 2003‑345, s. 2.)