State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-54

§ 50‑54.  Vacating anaward.

(a)        Upon a party'sapplication, the court shall vacate an award for any of the following reasons:

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

(2)        There was evidentpartiality by an arbitrator appointed as a neutral, corruption of anarbitrator, or misconduct prejudicing the rights of a party;

(3)        The arbitratorsexceeded their powers;

(4)        The arbitratorsrefused to postpone the hearing upon a showing of sufficient cause for thepostponement, refused to hear evidence material to the controversy, orotherwise conducted the hearing contrary to the provisions of G.S. 50‑47;

(5)        There was noarbitration agreement, the issue was not adversely determined in proceedingsunder G.S. 50‑43, and the party did not participate in the arbitrationhearing without raising the objection. The fact that the relief awarded eithercould not or would not be granted by a court is not a ground for vacating orrefusing to confirm the award;

(6)        The court determinesthat the award for child support or child custody is not in the best interestof the child. The burden of proof at a hearing under this subdivision is on theparty seeking to vacate the arbitrator's award;

(7)        The award includedpunitive damages, and the court determines that the award for punitive damagesis clearly erroneous; or

(8)        If the partiescontract in an arbitration agreement for judicial review of errors of law inthe award, the court shall vacate the award if the arbitrators have committedan error of law prejudicing a party's rights.

(b)        An applicationunder this section shall be made within 90 days after delivery of a copy of theaward to the applicant. If the application is predicated on corruption, fraud,or other undue means, it shall be made within 90 days after these grounds areknown or should have been known.

(c)        In vacating anaward on grounds other than stated in subdivision (5) of subsection (a) of thissection, the court may order a rehearing before arbitrators chosen as providedin the agreement, or in the absence of a provision regarding the appointment ofarbitrators, by the court in accordance with G.S. 50‑45, except in thecase of a vacated award for child support or child custody in which case thecourt may proceed to hear and determine all such issues. The time within whichthe agreement requires an award to be made applies to the rehearing andcommences from the date of the order.

(d)        The court shallconfirm the award and may award costs of the application and subsequentproceedings under G.S. 50‑51(f) if an application to vacate is denied, nomotion to modify or correct the award is pending, and the parties have notagreed in writing that the award shall not be confirmed under G.S. 50‑53.(1999‑185,s. 1; 2005‑187, s. 13.)

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-54

§ 50‑54.  Vacating anaward.

(a)        Upon a party'sapplication, the court shall vacate an award for any of the following reasons:

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

(2)        There was evidentpartiality by an arbitrator appointed as a neutral, corruption of anarbitrator, or misconduct prejudicing the rights of a party;

(3)        The arbitratorsexceeded their powers;

(4)        The arbitratorsrefused to postpone the hearing upon a showing of sufficient cause for thepostponement, refused to hear evidence material to the controversy, orotherwise conducted the hearing contrary to the provisions of G.S. 50‑47;

(5)        There was noarbitration agreement, the issue was not adversely determined in proceedingsunder G.S. 50‑43, and the party did not participate in the arbitrationhearing without raising the objection. The fact that the relief awarded eithercould not or would not be granted by a court is not a ground for vacating orrefusing to confirm the award;

(6)        The court determinesthat the award for child support or child custody is not in the best interestof the child. The burden of proof at a hearing under this subdivision is on theparty seeking to vacate the arbitrator's award;

(7)        The award includedpunitive damages, and the court determines that the award for punitive damagesis clearly erroneous; or

(8)        If the partiescontract in an arbitration agreement for judicial review of errors of law inthe award, the court shall vacate the award if the arbitrators have committedan error of law prejudicing a party's rights.

(b)        An applicationunder this section shall be made within 90 days after delivery of a copy of theaward to the applicant. If the application is predicated on corruption, fraud,or other undue means, it shall be made within 90 days after these grounds areknown or should have been known.

(c)        In vacating anaward on grounds other than stated in subdivision (5) of subsection (a) of thissection, the court may order a rehearing before arbitrators chosen as providedin the agreement, or in the absence of a provision regarding the appointment ofarbitrators, by the court in accordance with G.S. 50‑45, except in thecase of a vacated award for child support or child custody in which case thecourt may proceed to hear and determine all such issues. The time within whichthe agreement requires an award to be made applies to the rehearing andcommences from the date of the order.

(d)        The court shallconfirm the award and may award costs of the application and subsequentproceedings under G.S. 50‑51(f) if an application to vacate is denied, nomotion to modify or correct the award is pending, and the parties have notagreed in writing that the award shall not be confirmed under G.S. 50‑53.(1999‑185,s. 1; 2005‑187, s. 13.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-54

§ 50‑54.  Vacating anaward.

(a)        Upon a party'sapplication, the court shall vacate an award for any of the following reasons:

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

(2)        There was evidentpartiality by an arbitrator appointed as a neutral, corruption of anarbitrator, or misconduct prejudicing the rights of a party;

(3)        The arbitratorsexceeded their powers;

(4)        The arbitratorsrefused to postpone the hearing upon a showing of sufficient cause for thepostponement, refused to hear evidence material to the controversy, orotherwise conducted the hearing contrary to the provisions of G.S. 50‑47;

(5)        There was noarbitration agreement, the issue was not adversely determined in proceedingsunder G.S. 50‑43, and the party did not participate in the arbitrationhearing without raising the objection. The fact that the relief awarded eithercould not or would not be granted by a court is not a ground for vacating orrefusing to confirm the award;

(6)        The court determinesthat the award for child support or child custody is not in the best interestof the child. The burden of proof at a hearing under this subdivision is on theparty seeking to vacate the arbitrator's award;

(7)        The award includedpunitive damages, and the court determines that the award for punitive damagesis clearly erroneous; or

(8)        If the partiescontract in an arbitration agreement for judicial review of errors of law inthe award, the court shall vacate the award if the arbitrators have committedan error of law prejudicing a party's rights.

(b)        An applicationunder this section shall be made within 90 days after delivery of a copy of theaward to the applicant. If the application is predicated on corruption, fraud,or other undue means, it shall be made within 90 days after these grounds areknown or should have been known.

(c)        In vacating anaward on grounds other than stated in subdivision (5) of subsection (a) of thissection, the court may order a rehearing before arbitrators chosen as providedin the agreement, or in the absence of a provision regarding the appointment ofarbitrators, by the court in accordance with G.S. 50‑45, except in thecase of a vacated award for child support or child custody in which case thecourt may proceed to hear and determine all such issues. The time within whichthe agreement requires an award to be made applies to the rehearing andcommences from the date of the order.

(d)        The court shallconfirm the award and may award costs of the application and subsequentproceedings under G.S. 50‑51(f) if an application to vacate is denied, nomotion to modify or correct the award is pending, and the parties have notagreed in writing that the award shall not be confirmed under G.S. 50‑53.(1999‑185,s. 1; 2005‑187, s. 13.)

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