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 neutral,corruption in any of the arbitrators, or misconduct prejudicing the rights ofany party;
3. The arbitrators exceeded their powers;
4. The arbitrators refused to postpone the hearing upon sufficient causebeing shown therefor or refused to hear evidence material to the controversyor otherwise so conducted the hearing, contrary to the provisions of §8.01-581.04, in such a way as to substantially prejudice the rights of aparty; or
5. There was no arbitration agreement and the issue was not adverselydetermined in proceedings under § 8.01-581.02 and the party did notparticipate in the arbitration hearing without raising the objection.
The fact that the relief was such that it could not or would not be grantedby a court of law or equity is not grounds for vacating or refusing toconfirm the award.
An application under this section shall be made within ninety days afterdelivery of a copy of the award to the applicant, except that, if predicatedupon corruption, fraud or other undue means, it shall be made within ninetydays after such grounds are known or reasonably should have been known. Anapplication shall be made by filing a petition with the appropriate courtwithin the prescribed time limits of this section, or by raising reasonssupporting vacation in response to another party's petition to confirm theaward, provided that such response is filed within the prescribed time limitsof this section.
In vacating the award on grounds other than that stated in subdivision 5, thecourt may order a rehearing before new arbitrators chosen as provided in theagreement, or in the absence thereof, by the court in accordance with §8.01-581.03. If the award is vacated on grounds set forth in subdivisions 3and 4 the court may order a rehearing before the arbitrators who made theaward or their successors appointed in accordance with § 8.01-581.03. Thetime within which the agreement requires the award to be made is applicableto the rehearing and commences from the date of the order.
If the application to vacate is denied and no motion to modify or correct theaward is pending, the court shall confirm the award.
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 neutral,corruption in any of the arbitrators, or misconduct prejudicing the rights ofany party;
3. The arbitrators exceeded their powers;
4. The arbitrators refused to postpone the hearing upon sufficient causebeing shown therefor or refused to hear evidence material to the controversyor otherwise so conducted the hearing, contrary to the provisions of §8.01-581.04, in such a way as to substantially prejudice the rights of aparty; or
5. There was no arbitration agreement and the issue was not adverselydetermined in proceedings under § 8.01-581.02 and the party did notparticipate in the arbitration hearing without raising the objection.
The fact that the relief was such that it could not or would not be grantedby a court of law or equity is not grounds for vacating or refusing toconfirm the award.
An application under this section shall be made within ninety days afterdelivery of a copy of the award to the applicant, except that, if predicatedupon corruption, fraud or other undue means, it shall be made within ninetydays after such grounds are known or reasonably should have been known. Anapplication shall be made by filing a petition with the appropriate courtwithin the prescribed time limits of this section, or by raising reasonssupporting vacation in response to another party's petition to confirm theaward, provided that such response is filed within the prescribed time limitsof this section.
In vacating the award on grounds other than that stated in subdivision 5, thecourt may order a rehearing before new arbitrators chosen as provided in theagreement, or in the absence thereof, by the court in accordance with §8.01-581.03. If the award is vacated on grounds set forth in subdivisions 3and 4 the court may order a rehearing before the arbitrators who made theaward or their successors appointed in accordance with § 8.01-581.03. Thetime within which the agreement requires the award to be made is applicableto the rehearing and commences from the date of the order.
If the application to vacate is denied and no motion to modify or correct theaward is pending, the court shall confirm the award.
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 neutral,corruption in any of the arbitrators, or misconduct prejudicing the rights ofany party;
3. The arbitrators exceeded their powers;
4. The arbitrators refused to postpone the hearing upon sufficient causebeing shown therefor or refused to hear evidence material to the controversyor otherwise so conducted the hearing, contrary to the provisions of §8.01-581.04, in such a way as to substantially prejudice the rights of aparty; or
5. There was no arbitration agreement and the issue was not adverselydetermined in proceedings under § 8.01-581.02 and the party did notparticipate in the arbitration hearing without raising the objection.
The fact that the relief was such that it could not or would not be grantedby a court of law or equity is not grounds for vacating or refusing toconfirm the award.
An application under this section shall be made within ninety days afterdelivery of a copy of the award to the applicant, except that, if predicatedupon corruption, fraud or other undue means, it shall be made within ninetydays after such grounds are known or reasonably should have been known. Anapplication shall be made by filing a petition with the appropriate courtwithin the prescribed time limits of this section, or by raising reasonssupporting vacation in response to another party's petition to confirm theaward, provided that such response is filed within the prescribed time limitsof this section.
In vacating the award on grounds other than that stated in subdivision 5, thecourt may order a rehearing before new arbitrators chosen as provided in theagreement, or in the absence thereof, by the court in accordance with §8.01-581.03. If the award is vacated on grounds set forth in subdivisions 3and 4 the court may order a rehearing before the arbitrators who made theaward or their successors appointed in accordance with § 8.01-581.03. Thetime within which the agreement requires the award to be made is applicableto the rehearing and commences from the date of the order.
If the application to vacate is denied and no motion to modify or correct theaward is pending, the court shall confirm the award.
