§ 1-36-114 — When court to vacate award

(a) Upon application of a party the court shall vacate an
award where:
(i) The award was procured by corruption, fraud or
other undue means;
(ii) There was evident partiality by an arbitrator
appointed as a neutral, corruption of any of the arbitrators or
misconduct prejudicing the rights of any party;
(iii) The arbitrators exceeded their powers;
(iv) The arbitrators refused to postpone the hearing
upon sufficient cause being shown, refused to hear evidence
material to the controversy or otherwise conducted the hearing
as to prejudice substantially the rights of a party; or
(v) There was no arbitration agreement, the issue was
not adversely determined by a court as provided by law and the
applicant did not participate in the arbitration hearing without
raising the objection. 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 a ground for vacating or refusing to confirm the award.
(b) An application for vacating an award shall be made
within ninety (90) days after delivery of a copy of the award to
the applicant, or if predicated upon corruption, fraud or other
undue means it shall be made within ninety (90) days after the
grounds are known or should have been known.
(c) In vacating the award on grounds other than stated in
paragraph (a)(v) of this section the court may order a rehearing
before new arbitrators chosen as provided in the agreement or by
the court in accordance with W.S. 1-36-105. If the award is
vacated on grounds set forth in paragraph (a)(iii) or (iv) of
this section the court may order a rehearing before the
arbitrators who made the award or their successors appointed in
accordance with W.S. 1-36-105. 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.