§ 5677. Vacating an award
(a) Upon application of a party to confirm, modify, or vacate an award, 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 or corruption
in any of the arbitrators or misconduct prejudicing the rights of any party;
(3) the arbitrators exceeded their powers;
(4) the arbitrators refused to postpone the hearing after being shown sufficient cause
to do so, or refused to hear evidence material to the controversy, or otherwise conducted
the hearing, contrary to this chapter so as to prejudice substantially the rights
of a party; or
(5) a court has found that there was no arbitration agreement and the party did not participate
in the arbitration hearing without raising the objection.
(b) The fact that relief granted by the arbitrators could not have been granted by a court
is not reason to vacate or refuse to confirm the award.
(c) An application to vacate an award shall be made within 30 days after delivery of a
copy of the award to the applicant, except that if predicated upon corruption, fraud,
or other undue means, it may be made within 30 days after such grounds are known or
should have been known.
(d) If the court vacates the award on grounds other than that there was no arbitration
agreement, it may order a rehearing before new arbitrators chosen as provided in the
agreement, or in the absence of such a provision, as appointed by the court. If the
court vacates the award because the arbitrators exceeded their powers or improperly
conducted the hearing, the court may order a rehearing before the arbitrators who
made the award or their successors. Any time within which the agreement requires
an award to be made applies to the rehearing, and commences from the date of the order.
(e) If an application to vacate is denied and no motion to modify or correct the award
is pending, the court shall confirm the award. (Added 1985, No. 95, § 2.)