| | 2. The Drafting Committee considered but rejected the | language in FAA Section 9 that limits a motion to confirm an | award to a one-year period of time. The consensus of the | Drafting Committee was that the general statute of limitations | in a State for the filing and execution on a judgment should | apply. |
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| | 1.__Grounds for vacating.__Upon motion to the court by a | party to an arbitration proceeding, the court shall vacate an | award made in the arbitration proceeding if: |
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| A.__The award was procured by corruption, fraud or other | undue means; |
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| (1)__Evident partiality by an arbitrator appointed as | a neutral arbitrator; |
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| (2)__Corruption by an arbitrator; or |
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| (3)__Misconduct by an arbitrator prejudicing the | rights of a party to the arbitration proceeding; |
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| C.__An arbitrator refused to postpone the hearing upon | showing of sufficient cause for postponement, refused to | consider evidence material to the controversy or otherwise | conducted the hearing contrary to section 8715 so as to | prejudice substantially the rights of a party to the | arbitration proceeding; |
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| D.__An arbitrator exceeded the arbitrator's powers; |
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| E.__There was no agreement to arbitrate, unless the person | participated in the arbitration proceeding without raising | the objection under section 8715, subsection 3 not later | than the beginning of the arbitration hearing; or |
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| F.__The arbitration was conducted without proper notice of | the initiation of an arbitration as required in section | 8709 so as to prejudice substantially the rights of a | party to the arbitration proceeding. |
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| | 2.__Timing of motion to vacate.__A motion under this section | must be filed within 90 days after the movant receives notice | of the award pursuant to section 8719 or within 90 days after | the | movant receives notice of a modified or corrected award | pursuant to section 8720, unless the movant alleges that the | award was |
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