2005 Minnesota Statutes

     572.19 Vacating an award.  

    Subdivision 1.    Application.  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 section 572.12, as to 
 prejudice substantially the rights of a party; or 

    (5) There was no arbitration agreement and the issue was 
 not adversely determined in proceedings under section 572.09 and 
 the party did not participate in the arbitration hearing without 
 raising the objection; 

    But 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.  

    Subd. 2.    Time limit for application.  An application under 
 this section shall be made 
 within 90 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 90 days after such 
 grounds are known or should have been known.  

    Subd. 3.    Rehearings.  In vacating the award on grounds other 
 than 
 stated in clause (5) of subdivision 1, 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 section 572.10, or, if the award is vacated on grounds set 
 forth in clauses (3) and (4) of subdivision 1, the court may 
 order a rehearing before the arbitrators who made the award or 
 their successors appointed in accordance with section 572.10.  
 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.  

    Subd. 4.    Confirm award.  If the application to vacate is 
 denied and no 
 motion to modify or correct the award is pending, the court 
 shall confirm the award.  

    HIST: 1957 c 633 s 12