Article 26: Uniform Arbitration Act · Last amended 1997 · Last verified July 22, 2026
In one sentenceThis section lists the only six grounds on which a Nebraska court will vacate an arbitration award — corruption or fraud, arbitrator partiality or misconduct, arbitrators exceeding their powers, a hearing conducted unfairly, no valid arbitration agreement, or a disqualified arbitrator who refused to step aside — and sets a ninety-day deadline to raise them.
Full Text of § 25-2613
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(a) Upon application of a party, the court shall vacate an award when:
(1) The award was procured by corruption, fraud, or other undue means;
(2) There was evident partiality by an arbitrator appointed as a neutral or 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, refused to hear evidence material to the controversy, or otherwise so conducted the hearing, contrary to the provisions of section 25-2606, as to prejudice substantially the rights of a party;
(5) There was no arbitration agreement and the issue was not adversely determined in proceedings under section 25-2603, and the party did not participate in the arbitration hearing without raising the objection; or
(6) An arbitrator was subject to disqualification pursuant to section 25-2604.01 and failed, upon receipt of timely demand, to disqualify himself or herself as required by such section.
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 ground for vacating or refusing to confirm the award.
(b) 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 should have been known.
(c) In vacating the award on grounds other than stated in subdivision (a)(5) of this section, the court may order a rehearing before the new arbitrators chosen as provided in the agreement or, in the absence thereof, by the court in accordance with section 25-2604, or if the award is vacated on grounds set forth in subdivisions (a)(3) and (a)(4) of this section, the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 25-2604. 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.
(d) If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
Source
Laws 1987, LB 71, § 13; Laws 1997, LB 151, § 6.
Plain-English Summary
Vacating an arbitration award is narrow by design, and section 25-2613 spells out exactly how narrow. On a party’s application, the court must vacate when: the award was procured by corruption, fraud, or other undue means; an arbitrator serving as a neutral showed evident partiality, or any arbitrator engaged in corruption or misconduct that prejudiced a party’s rights; the arbitrators exceeded their powers; the arbitrators refused to postpone the hearing despite sufficient cause, refused to hear material evidence, or otherwise conducted the hearing — contrary to section 25-2606 — in a way that substantially prejudiced a party; there was no arbitration agreement at all, that issue was not already decided adversely to the challenger under section 25-2603, and the challenger did not participate in the hearing without objecting; or an arbitrator who should have disqualified himself or herself under section 25-2604.01, after a timely demand, failed to do so. Critically, the statute forecloses one argument outright: the fact that a court could not or would not have granted the relief the award grants is not a ground for vacating or refusing to confirm it. Dissatisfaction with the outcome, or a belief that the arbitrators got the law or the facts wrong, is not on this list and does not support vacatur.
A party has ninety days after delivery of a copy of the award to apply for vacatur — except that a challenge based on corruption, fraud, or other undue means gets ninety days from when those grounds were discovered or should have been discovered, rather than from delivery of the award.
When the court vacates on a ground other than the no-agreement ground, it may order a rehearing before new arbitrators chosen under the agreement or, absent an agreed method, appointed by the court under section 25-2604; if the vacatur rests on the arbitrators exceeding their powers or conducting an unfair hearing, the court may instead order a rehearing before the same arbitrators who made the award, or their successors. Whatever deadline the agreement set for making an award applies again to that rehearing, running from the date of the court’s order. And if the court denies the application to vacate, and no motion to modify or correct the award is pending, the court confirms the award.
Frequently Asked Questions
What are the grounds for vacating an arbitration award in Nebraska?
Six grounds only: the award was procured by corruption, fraud, or other undue means; evident partiality or corruption by an arbitrator, or misconduct prejudicing a party; the arbitrators exceeded their powers; the arbitrators unfairly conducted the hearing, contrary to section 25-2606, substantially prejudicing a party; there was no valid arbitration agreement and that issue was not already resolved against the challenger; or a disqualified arbitrator refused a timely demand to step aside.
Can I get an award vacated just because I think the arbitrator got the law wrong?
No. Section 25-2613 does not list legal or factual error as a ground for vacatur, and it specifically bars vacating an award on the theory that a court could not or would not have granted the same relief.
How long do I have to challenge an arbitration award?
Ninety days after delivery of a copy of the award, except that a challenge based on corruption, fraud, or other undue means runs ninety days from when those grounds were or should have been discovered.
What happens after a court vacates an award?
Depending on the ground, the court may order a rehearing before newly chosen arbitrators, or, if the vacatur rests on the arbitrators exceeding their powers or mishandling the hearing, before the same arbitrators or their successors.
Does the court automatically deny confirmation if I raise a vacatur argument?
No. If the application to vacate is denied and no motion to modify or correct the award is pending, the court confirms the award.
What counts as “evident partiality” by an arbitrator?
The statute does not define the term further; it identifies evident partiality by a neutral arbitrator, or corruption or prejudicial misconduct by any arbitrator, as one of the six specific vacatur grounds.
Can I argue there was never a valid arbitration agreement after I already participated in the hearing?
Only in limited circumstances. That ground applies where there was no arbitration agreement, the issue was not already decided against you under section 25-2603, and you did not participate in the arbitration hearing without raising the objection.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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