Oklahoma § 12-1874 - Application to vacate an award

§ 12-1874. Application to vacate an award

A. Upon an application and 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 Section 6 of this act, 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 subsection C of Section 16 of this act 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 Section 10 of this act

so as to prejudice substantially the rights of a party to the

arbitration proceeding.

B. An application and motion under this section must be filed

within ninety (90) days after the movant receives notice of the

award pursuant to Section 20 of this act or within ninety (90) days

after the movant receives notice of a modified or corrected award

pursuant to Section 21 of this act, 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 (90) 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 paragraph 5 of subsection A of this section, it may

order a rehearing. If the award is vacated on a ground stated in

paragraph 1 or 2 of subsection A of this section, the rehearing must

be before a new arbitrator. If the award is vacated on a ground

stated in paragraph 3, 4 or 6 of subsection A of this subsection,

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 subsection B

of Section 20 of this act for an award.

Oklahoma Statutes - Title 12. Civil Procedure

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.

Added by Laws 2005, c. 364, § 24.