South Dakota Statutes

§ 21-25A-24 — Grounds for vacation of award.

South Dakota·Title 21 JUDICIAL REMEDIES·Ch. 21-25A ENFORCEMENT OF ARBITRATION AGREEMENTS

Upon application of a party, 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 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 §§ 21-25A-11 to 21-25A-17 , inclusive, as to prejudice substantially the rights of a party;
(5)There was no arbitration agreement and the issue was not adversely determined in proceedings under §§ 21-25A-5 to 21-25A-8

Free access — add to your briefcase to read the full text and ask questions with AI

South Dakota § 21-25A-24 (Grounds for vacation of award.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Azcon Construction Co. v. Golden Hills Resort, Inc.
498 N.W.2d 630 (South Dakota Supreme Court, 1993)
40 case citations
L.R. Foy Construction Co. v. Spearfish School District 40-2
341 N.W.2d 383 (South Dakota Supreme Court, 1983)
21 case citations
Aamot v. Eneboe
352 N.W.2d 647 (South Dakota Supreme Court, 1984)
16 case citations
Citibank (South Dakota), NA v. Schmidt
2008 SD 1 (South Dakota Supreme Court, 2008)
7 case citations
Double Diamond Construction v. Farmers Cooperative Elevator Ass'n of Beresford
2004 SD 65 (South Dakota Supreme Court, 2004)
4 case citations
Spiska Engineering, Inc. v. SPM Thermo-Shield, Inc.
2004 SD 44 (South Dakota Supreme Court, 2004)
4 case citations
DT-Trak Consulting, Inc. v. Prue
2012 S.D. 39 (South Dakota Supreme Court, 2012)
3 case citations
Black Hills Surgical Physicians, LLC v. Setliff
2014 SD 68 (South Dakota Supreme Court, 2014)

Legislative History

SL 1971, ch 157, § 12; SL 1976, ch 155, § 6.

Nearby Sections

15
View on official source ↗