New Hampshire Revised Statutes 357-D:6 – Appeal From Board’s Decision
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I. The decision of the board shall be final and shall not be modified or vacated unless, on appeal to the superior court, a party to the arbitration proceeding proves, by clear and convincing evidence, that:
(a) The award was procured by corruption, fraud or other undue means.
(b) There was evident partiality by the board or corruption or misconduct by the board prejudicing the rights of any party.
(c) The board exceeded its powers.
(d) The board refused to postpone a hearing after being shown sufficient cause to do so, refused to hear evidence material to the controversy, or otherwise conducted the hearing contrary to the rules adopted by the board so as to prejudice substantially the rights of a party.
II. A party to the arbitration proceeding shall not pursue an appeal until a final decision has been rendered by the board. Any appeal shall be filed with the superior court within 30 days of the date of the written board decision.
(a) The award was procured by corruption, fraud or other undue means.
Terms Used In New Hampshire Revised Statutes 357-D:6
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
(b) There was evident partiality by the board or corruption or misconduct by the board prejudicing the rights of any party.
(c) The board exceeded its powers.
(d) The board refused to postpone a hearing after being shown sufficient cause to do so, refused to hear evidence material to the controversy, or otherwise conducted the hearing contrary to the rules adopted by the board so as to prejudice substantially the rights of a party.
II. A party to the arbitration proceeding shall not pursue an appeal until a final decision has been rendered by the board. Any appeal shall be filed with the superior court within 30 days of the date of the written board decision.