                                 CODE OF VIRGINIA

VACATING AN AWARD (§ 8.01-581.010)

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,
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 &#xA7;
8.01-581.04, in such a way as to substantially prejudice the rights of a party;
or

5. There was no arbitration agreement and the issue was not adversely determined
in proceedings under &#xA7; 8.01-581.02 and the party did not participate in the
arbitration hearing without raising the objection.
			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 grounds for vacating or refusing to confirm
the award.			An application under this section shall be made within ninety 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
ninety days after such grounds are known or reasonably should have been known.
An application shall be made by filing a petition with the appropriate court
within the prescribed time limits of this section, or by raising reasons
supporting vacation in response to another party&#8217;s petition to confirm the
award, provided that such response is filed within the prescribed time limits of
this section.			In vacating the award on grounds other than that stated in
subdivision 5, 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 &#xA7; 8.01-581.03. If the award is vacated on grounds set forth in
subdivisions 3 and 4 the court may order a rehearing before the arbitrators who
made the award or their successors appointed in accordance with &#xA7;
8.01-581.03. 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.			If
the application to vacate is denied and no motion to modify or correct the award
is pending, the court shall confirm the award.

HISTORY: 1986, c. 614; 1998, c. 303.