26 §958. Vacation of award; grounds; rehearing

Title 26: LABOR AND INDUSTRY

Chapter 9: MEDIATION AND ARBITRATION

Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS

§958. Vacation of award; grounds; rehearing

In any of the following cases the Superior Court in and for the county wherein the award was made may make an order vacating the award upon the application of any party to the arbitration:

1. Corruption, fraud or undue means. Where the award was procured by corruption, fraud or undue means;

2. Partiality or corruption in arbitrators. Where there was obvious partiality or corruption in the arbitrators, or any of them;

3. Abuse of discretion by arbitrators. Where the arbitrators were guilty of abuse of discretion by which the rights of any party have been prejudiced; or

4. Arbitrators exceeded powers. Where the arbitrators exceeded their powers or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made.

Where an award is vacated and the time within which the agreement required the award to be made has not expired, the court may, in its discretion, direct a rehearing by the arbitrators.