North Dakota Code 32-29.4-18 – Vacation or amendment by court of unconfirmed award
1. On motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that:
Terms Used In North Dakota Code 32-29.4-18
- 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.
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.