§ 28-9-13. Validity of arbitration without judicial order — Grounds for attack.
An award shall be valid and enforceable according to its terms and under the provisions
of this chapter without previous adjudication of the existence of a submission or
contract to arbitrate, subject to the provisions of this section:
(1) A party who has participated in any of the proceedings before the arbitrator or arbitrators
may object to the confirmation of the award only on one or more of the grounds specified
in this section, provided that he or she did not continue with the arbitration with
notice of the facts or defects on w
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§ 28-9-13. Validity of arbitration without judicial order — Grounds for attack.
An award shall be valid and enforceable according to its terms and under the provisions
of this chapter without previous adjudication of the existence of a submission or
contract to arbitrate, subject to the provisions of this section:
(1) A party who has participated in any of the proceedings before the arbitrator or arbitrators
may object to the confirmation of the award only on one or more of the grounds specified
in this section, provided that he or she did not continue with the arbitration with
notice of the facts or defects on which his or her objection is based, because of
a failure to comply with § 28-9-8 or with § 28-9-10, or because of the improper manner of the selection of the arbitrators.
(2) A party who has not participated in any of the proceedings before the arbitrator or
arbitrators and who has not made or been served with an application to compel arbitration
under § 28-9-5 may also put in issue the making of the contract or submission or the failure to
comply with it, either by a motion for a stay of the arbitration or in opposition
to the confirmation of the award. If a notice has been personally served on the party
of an intention to conduct the arbitration pursuant to the provisions of a contract
or submission specified in the notice, the issues specified in this subdivision may
be raised only by a motion for a stay of the arbitration, notice of which motion must
be served within ten (10) days after the service of the notice of intention to arbitrate.
The notice must state in substance that unless within ten (10) days after its service
the party served shall serve a notice of motion to stay the arbitration, he or she
shall subsequently be barred from putting in issue the making of the contract or submission
or the failure to comply with it. The arbitration hearing shall be adjourned upon
service of the notice pending the determination of the motion. Where the opposing
party, either on a motion for a stay or in opposition to the confirmation of an award,
sets forth evidentiary facts raising a substantial issue as to the making of the contract
or submission or the failure to comply with it, an immediate trial of the issue shall
be had. In the event that the opposing party is unsuccessful, he or she may, nevertheless,
participate in the arbitration if the arbitration is still being carried on. Any party
may, on or before the return day of the notice of application, demand a jury trial
of the issue.