Grounds to vacate resolution--New arbitrator.

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12-1-30. Grounds to vacate resolution--New arbitrator.

Within ten days of pronouncement, the circuit court may vacate a resolution pronouncement if:

(1)The resolution was procured by corruption, fraud, or other undue means;

(2)There was evident partiality or corruption by the arbitrator or misconduct prejudicing the rights of any party;

(3)The arbitrator exceeded his or her power; or

(4)The arbitrator refused to hear evidence material to the controversy or conducted the hearing as to prejudice substantially the rights of a party.

If the resolution pronouncement is vacated, the circuit court shall appoint a new arbitrator to resolve the dispute in the manner provided in §§12-1-21 to 12-1-30, inclusive.

Source: SL 2003, ch 83, §25; SDCL, §12-4-51.


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