§ 7389. Vacation, amendment or confirmation by court of unconfirmed award.

603 words·~3 min read·/pa/title-42/chapter-73/7389

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(a)Grounds for amendment.-- Subject to subsection (b), on motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that:

(1)the award was procured by corruption, fraud or other undue means;

(2)there was:

(i)evident partiality by the arbitrator;

(ii)corruption by the arbitrator; or

(iii)misconduct by the arbitrator substantially prejudicing the rights of a party;

(3)the arbitrator refused to postpone a hearing on showing of sufficient cause for postponement, refused to consider evidence material to the controversy or otherwise conducted the hearing contrary to section 7383 (relating to powers and duties of arbitrator), so as to prejudice substantially the rights of a party;

(4)the arbitrator exceeded the arbitrator's powers;

(5)no arbitration agreement exists, unless the moving party participated in the arbitration without making a motion under section 7377 (relating to motion for judicial relief) not later than the beginning of the first arbitration hearing; or

(6)the arbitration was conducted without proper notice under section 7376 (relating to notice of arbitration), so as to prejudice substantially the rights of a party.

(b)Child custody or child support.-- Subject to subsection (c), on motion of a party, the court shall vacate an unconfirmed award which determines a child custody dispute or a child support dispute if the moving party establishes that:

(1)the award:

(i)does not comply with section 7385 (relating to award) or 23 Pa.C.S. (relating to domestic relations); or

(ii)is contrary to the best interests of the child;

(2)the statement of reasons in the award is inadequate for the court to review the award; or

(3)a ground for vacating the award under subsection

(a)exists.

(c)Grounds for amendment.-- If an award is subject to vacation under subsection (b)(1), on motion of a party, the court may amend the award, if amending rather than vacating is in the best interests of the child.

(d)Standard of review.-- The court may determine a motion under subsection

(b)or (c):

(1)based on the record of the arbitration hearing, if the hearing was recorded, and facts occurring after the hearing; or

(2)if there is no record, de novo.

(e)Time.-- A motion under this section to vacate or amend an award must be filed not later than 30 days:

(1)except as set forth in paragraph (2), after an arbitrator gives notice under section 7385(a) or makes a correction under section 7387 (relating to correction by arbitrator of unconfirmed award); or

(2)for a motion under subsection (a)(1), the ground of corruption, fraud or other undue means is known or, by the exercise of reasonable care, should be known to the party filing the motion.

(f)Rehearing.-- If the court under this section vacates an award for a reason other than the absence of an enforceable arbitration agreement, the court may order a rehearing before an arbitrator. The rehearing shall be before another arbitrator if the reason for vacating the award is that:

(1)the award was procured by corruption, fraud or other undue means; or

(2)there was evident partiality, corruption or misconduct by the arbitrator.

(g)Confirmation.-- If the court under this section denies a motion to vacate or amend an award, unless a motion is pending under section 7388 (relating to correction or confirmation by court of unconfirmed award), the court may confirm the award under section 7386 (relating to confirmation of award).

42c7389v

Cross References. Section 7389 is referred to in sections 7379, 7381, 7386, 7388, 7395 of this title.

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