Sec. 09.43.500. Vacating award.

415 words·~2 min read·/ak/title-9/chapter-43/09-43-500

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)On application 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 on showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to AS 09.43.420 , 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 not an agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under AS 09.43.420

(c)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 under AS 09.43.360 so as to prejudice substantially the rights of a party to the arbitration proceeding.

(b)An application under this section shall be filed within 90 days after the applicant receives notice of the award under AS 09.43.460 or within 90 days after the applicant receives notice of a modified or corrected award under AS 09.43.470 , unless the applicant alleges that the award was procured by corruption, fraud, or other undue means, in which case the application shall be made within 90 days after the ground is known or, by the exercise of reasonable care, would have been known by the applicant.

(c)If the court vacates an award on a ground other than that stated in (a)(5) of this section, it may order a rehearing. If the award is vacated on a ground stated in (a)(1) or

(2)of this section, the rehearing shall be before a new arbitrator. If the award is vacated on a ground stated in (a)(3), (4), or

(6)of this section, 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 AS 09.43.460

(b)for an award.

(d)If the court denies an application to vacate an award, it shall confirm the award unless an application to modify or correct the award is pending.