(a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:
(1) the award was procured by corruption, fraud, or other undue means;
(2) there was:
(A) evident partiality by an arbitrator appointed as a neutral arbitrator;
(B) corruption by an arbitrator; or
(C) misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
(3) an arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to § 16-108-215 so as to prejudice substantially the rights of a party to the arbitration proceeding;
(4) an arbitrator exceeded the arbitrator's powers;
(5) there was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under § 16-108-215(c) not later than the beginning of the arbitration hearing; or
(6) the arbitration was conducted without proper notice of the initiation of an arbitration as required in § 16-108-209 so as to prejudice substantially the rights of a party to the arbitration proceeding.
(b) A motion under this section must be filed within ninety days after the movant receives notice of the award under § 16-108-219 or within ninety days after the movant receives notice of a modified or corrected award under § 16-108-220, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within ninety days after the ground is known or, by the exercise of reasonable care would have been known by the movant.
(c) If the court vacates an award on a ground other than that set forth in subsection (a)(5), it may order a rehearing. If the award is vacated on a ground stated in subsection (a)(1) or (2), the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subsection (a)(3), (4), or (6), the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in § 16-108-219(b) for an award.
(d) If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.
Structure Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 7 - Particular Proceedings And Remedies
Chapter 108 - Arbitration and Award
Subchapter 2 - Uniform Arbitration Act
§ 16-108-203. When subchapter applies
§ 16-108-204. Effect of agreement to arbitrate — Nonwaivable provisions
§ 16-108-205. Application for judicial relief
§ 16-108-206. Validity of agreement to arbitrate
§ 16-108-207. Motion to compel or stay arbitration
§ 16-108-208. Provisional remedies
§ 16-108-209. Initiation of arbitration
§ 16-108-210. Consolidation of separate arbitration proceedings
§ 16-108-211. Appointment of arbitrator — Service as a neutral arbitrator
§ 16-108-212. Disclosure by arbitrator
§ 16-108-213. Action by majority
§ 16-108-214. Immunity of arbitrator — Competency to testify — Attorney's fees and costs
§ 16-108-215. Arbitration process
§ 16-108-216. Representation by lawyer
§ 16-108-217. Witnesses — Subpoenas — Depositions — Discovery
§ 16-108-218. Judicial enforcement of preaward ruling by arbitrator
§ 16-108-220. Change of award by arbitrator
§ 16-108-221. Remedies — Fees and expenses of arbitration proceeding
§ 16-108-222. Confirmation of award
§ 16-108-224. Modification or correction of award
§ 16-108-225. Judgment on award — Attorney's fees and litigation expenses
§ 16-108-230. Relationship to Electronic Signatures in Global and National Commerce Act