§ 34-57-2-13 — Vacation of award by court; procedure

(a) Upon application of a party, the court
shall vacate an award where:
(1) the award was procured by corruption or fraud;
(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 and the award can not be
corrected without affecting the merits of the decision upon the
controversy submitted;
(4) the arbitrators refused to postpone the hearing upon sufficient
cause being shown therefor or refused to hear evidence material
to the controversy or otherwise so conducted the hearing, contrary
to the provisions of section 6 of this chapter, as to prejudice
substantially the rights of a party; or
(5) there was no arbitration agreement and the issue was not
adversely determined in proceedings under section 3 of this
chapter (or IC 34-4-2-3 before its repeal), and the party did not
participate in the arbitration hearing without raising the objection;
but the fact that the relief was such that it could not or would not be
granted by a court of law or equity is not ground for vacating or
refusing to confirm the award.
(b) An application under this section shall be made within ninety
(90) days after the mailing of a copy of the award to the applicant,
except that, if predicated upon corruption or fraud or other undue
means, it shall be made within ninety (90) days after such grounds are
known or should have been known.
(c) In vacating the award on grounds other than stated in subsection
(a)(5), the court may order a rehearing before new arbitrators chosen
as provided in the agreement, or in the absence thereof, by the court in
accordance with section 4 of this chapter, or, if the award is vacated on
grounds set forth in subsection (a)(3) or (a)(4), the court may order a
rehearing before the arbitrators who made the award or their successors
appointed in accordance with section 4 of this chapter. The time within
which the agreement requires the award to be made is applicable to the
rehearing and commences from the date of the order.
(d) If the application to vacate is denied and no motion to modify or
correct the award is pending, the court shall confirm the award.
[Pre-1998 Recodification Citation: 34-4-2-13.]

Legislative History

As added by P.L.1-1998, SEC.53.