South Dakota § 21-25A-24 - Grounds for vacation of award.

§ 21-25A-24. Grounds for vacation of award.

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 or 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 §§ 21-25A-11 to 21-25A-17, inclusive, as to prejudice substantially the rights of a party;

(5)    There was no arbitration agreement and the issue was not adversely determined in proceedings under §§ 21-25A-5 to 21-25A-8, inclusive, and the party did not participate in the arbitration hearing without raising the objection; or

(6)    Conduct of a hearing officer which would prejudice substantially the rights of a party; provided that, 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 ground for vacating or refusing to confirm the award.

Source: SL 1971, ch 157, § 12; SL 1976, ch 155, § 6.