Sec. 23.
(1) On motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if any of the following apply:
(a) The award was procured by corruption, fraud, or other undue means.
(b) There was any of the following:
(i) Evident partiality by an arbitrator appointed as a neutral arbitrator.
(ii) Corruption by an arbitrator.
(iii) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding.
(c) 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 section 15, so as to prejudice substantially the rights of a party to the arbitration proceeding.
(d) An arbitrator exceeded the arbitrator's powers.
(e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under section 15(3) not later than the beginning of the arbitration hearing.
(f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in section 9 so as to prejudice substantially the rights of a party to the arbitration proceeding.
(2) A motion under this section must be filed within 90 days after the moving party receives notice of the award under section 19 or within 90 days after the moving party receives notice of a modified or corrected award under section 20, unless the moving party alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within 90 days after the ground is known or by the exercise of reasonable care would have been known by the moving party.
(3) If the court vacates an award on a ground other than that set forth in subsection (1)(e), it may order a rehearing. If the award is vacated on a ground stated in subsection (1)(a) or (b), the rehearing shall be before a new arbitrator. If the award is vacated on a ground stated in subsection (1)(c), (d), or (f), the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator shall render the decision in the rehearing within the same time as that provided in section 19(2) for an award.
(4) 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.
History: 2012, Act 371, Eff. July 1, 2013
Structure Michigan Compiled Laws
Act 371 of 2012 - Uniform Arbitration Act (691.1681 - 691.1713)
Section 691.1681 - Short Title; Definitions.
Section 691.1683 - Agreement to Arbitrate; When Act Applies.
Section 691.1684 - Effect of Agreement to Arbitrate; Nonwaivable Provisions.
Section 691.1685 - Request for Judicial Relief.
Section 691.1686 - Validity of Agreement to Arbitrate.
Section 691.1687 - Order to Compel or Stay Arbitration.
Section 691.1688 - Provisional Remedies.
Section 691.1689 - Initiation of Arbitration.
Section 691.1690 - Consolidation of Separate Arbitration Proceedings.
Section 691.1691 - Appointment of Arbitrator; Service as Neutral Arbitrator.
Section 691.1692 - Disclosure by Arbitrator.
Section 691.1693 - Action by Majority.
Section 691.1694 - Immunity of Arbitrator; Competency to Testify; Attorney Fees and Costs.
Section 691.1695 - Arbitration Process.
Section 691.1696 - Representation by Lawyer.
Section 691.1697 - Witnesses; Subpoenas; Depositions; Discovery.
Section 691.1698 - Judicial Enforcement of Preaward of Ruling by Arbitrator.
Section 691.1700 - Modification or Correction of Award by Arbitrator.
Section 691.1701 - Remedies; Fees and Expenses of Arbitration Proceeding.
Section 691.1702 - Confirmation of Award.
Section 691.1703 - Vacating Award.
Section 691.1704 - Modification or Correction of Award.
Section 691.1705 - Judgment on Award; Attorney Fees and Litigation.
Section 691.1706 - Jurisdiction.
Section 691.1709 - Uniformity of Application and Construction.
Section 691.1710 - Relationship to Electronic Signatures in Global and National Commerce Act.