                                 CODE OF VIRGINIA

VACATING AN AWARD (§ 8.01-581.010)

Upon application of a party, the court shall vacate an award where:

1. The award was procured by corruption, fraud or other undue means;

2. There was evident partiality by an arbitrator appointed as a neutral,
corruption in any of the arbitrators, or misconduct prejudicing the rights of
any party;

3. The arbitrators exceeded their powers;

4. The arbitrators refused to postpone the hearing upon sufficient cause being
shown therefor or refused to hear evidence material to the controversy or
otherwise so conducted the hearing, contrary to the provisions of &#xA7;
8.01-581.04, in such a way as to substantially prejudice the rights of a party;
or

5. There was no arbitration agreement and the issue was not adversely determined
in proceedings under &#xA7; 8.01-581.02 and the party 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 grounds for vacating or refusing to confirm
the award.
			An application under this section shall be made within ninety days after
delivery of a copy of the award to the applicant, except that, if predicated
upon corruption, fraud or other undue means, it shall be made within ninety days
after such grounds are known or reasonably should have been known. An
application shall be made by filing a petition with the appropriate court within
the prescribed time limits of this section, or by raising reasons supporting
vacation in response to another party&#8217;s petition to confirm the award,
provided that such response is filed within the prescribed time limits of this
section.
			In vacating the award on grounds other than that stated in subdivision 5, the
court may order a rehearing before new arbitrators chosen as provided in the
agreement, or in the absence thereof, by the court in accordance with &#xA7;
8.01-581.03. If the award is vacated on grounds set forth in subdivisions 3 and
4 the court may order a rehearing before the arbitrators who made the award or
their successors appointed in accordance with &#xA7; 8.01-581.03. 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.
			If the application to vacate is denied and no motion to modify or correct the
award is pending, the court shall confirm the award.

HISTORY: 1986, c. 614; 1998, c. 303.