State Codes and Statutes
Statutes > Rhode-island > Title-37 > Chapter-37-16 > 37-16-13SECTION 37-16-13
§ 37-16-13 Validity of awards. – An award shall be valid and enforceable according to its terms and under theprovisions of this chapter, without previous adjudication of the existence of acontract to arbitrate, subject, nevertheless, to the provisions of this section:
(1) A party who has participated in any of the proceedingsbefore the arbitrator or arbitrators may object to the confirmation of theaward only on one or more of the grounds hereinafter specified (provided thathe or she did not continue with the arbitration with notice of the facts ordefects upon which his or her objection is based) because of a failure tocomply with § 37-16-8 or with § 37-16-10 or because of the impropermanner of the selection of the arbitrators.
(2) A party who has not participated in any of theproceedings had before the arbitrator or arbitrators and who has not made orbeen served with an application to compel arbitration under § 37-16-5 mayalso put in issue the making of the contract or the failure to complytherewith, either by a motion for a stay of the arbitration or in opposition tothe confirmation of the award. If a notice shall have been personally servedupon that party of an intention to conduct the arbitration pursuant to theprovisions of a contract specified in the notice, then the issues specified inthis subdivision may be raised only by a motion for a stay of the arbitration,notice of which motion must be served within ten (10) days after the service ofthe notice of intention to arbitrate. The notice must state in substance thatunless within ten (10) days after its service, the party served therewith shallserve a notice of motion to stay the arbitration, he or she shall thereafter bebarred from putting in issue the making of the contract or the failure tocomply therewith. The arbitration hearing shall be adjourned upon service ofthe notice pending the determination of the motion. Where the opposing party,either on a motion for a stay or in opposition to the confirmation of an award,sets forth evidentiary facts raising a substantial issue as to the making ofthe contract or the failure to comply therewith, an immediate trial of the sameshall be had. In the event that the party is unsuccessful he or she may,nevertheless, participate in the arbitration if the same is still being carriedon.
