North Dakota § 32-29.4-18 Vacation or amendment by court of unconfirmed award

North Dakota Statutes

§ 32-29.4-18 — Vacation or amendment by court of unconfirmed award

North Dakota § 32-29.4-18

Title 32Judicial Remedies

Ch. 32-29.4Uniform Family Law Arbitration Act

This text of North Dakota § 32-29.4-18 (Vacation or amendment by court of unconfirmed award) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 32-29.4-18 (2026).

Text

1. On motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that: a. The award was procured by corruption, fraud, or other undue means; b. There was:

(1)Evident partiality by the arbitrator;

(2)Corruption by the arbitrator; or

(3)Misconduct by the arbitrator substantially prejudicing the rights of a party; c. The arbitrator refused to postpone a hearing on showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to section 32-29.4-12, so as to prejudice substantially the rights of a party; d. The arbitrator exceeded the arbitrator's powers; e. No arbitration agreement exists, unless the moving party participated in the arbitration without making a motion un

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1. On motion of a party, the court shall vacate an unconfirmed award if the moving party
establishes that:
a. The award was procured by corruption, fraud, or other undue means;
b. There was:
(1) Evident partiality by the arbitrator;
(2) Corruption by the arbitrator; or
(3) Misconduct by the arbitrator substantially prejudicing the rights of a party;
c. The arbitrator refused to postpone a hearing on showing of sufficient cause for
postponement, refused to consider evidence material to the controversy, or
otherwise conducted the hearing contrary to section 32-29.4-12, so as to
prejudice substantially the rights of a party;
d. The arbitrator exceeded the arbitrator's powers;
e. No arbitration agreement exists, unless the moving party participated in the
arbitration without making a motion under section 32-29.4-06 not later than the
beginning of the first arbitration hearing; or
f. The arbitration was conducted without proper notice under section 32-29.4-05 of
the initiation of arbitration, so as to prejudice substantially the rights of a party.

2. A motion under this section to vacate or amend an award must be filed not later than
ninety days:
a. After an arbitrator gives the party filing the motion notice of the award or a
corrected award; or
b. For a motion under subdivision a of subsection 1, after the ground of corruption,
fraud, or other undue means is known or by the exercise of reasonable care
should have been known to the party filing the motion.
3. If the court under this section vacates an award for a reason other than the absence of
an enforceable arbitration agreement, the court may order a rehearing before an
arbitrator. If the reason for vacating the award is the award was procured by
corruption, fraud, or other undue means or there was evident partiality, corruption, or
misconduct by the arbitrator, the rehearing must be before another arbitrator.
4. If the court under this section denies a motion to vacate or amend an award, the court
may confirm the award under section 32-29.4-15 unless a motion is pending under
section 32-29.4-17.