§ 171.088.Vacating Award

The vacatur grounds, and the list is exhaustive.

The first ground is how the award was obtained — by corruption, fraud, or other undue means.

The second concerns the arbitrators themselves, where a party’s rights were prejudiced by evident partiality of an arbitrator appointed as a neutral, corruption in an arbitrator, or misconduct or wilful misbehavior.

Evident partiality is limited to neutral arbitrators. A party-appointed arbitrator on a tripartite panel is not held to the same standard by this subdivision.

The third ground covers what the arbitrators did. Exceeding their powers; refusing to postpone after a showing of sufficient cause; refusing to hear material evidence; or conducting the hearing contrary to Sections 171.043 through 171.047 in a manner that substantially prejudiced a party.

"Exceeded their powers" is the most litigated phrase in the chapter. It asks what the parties submitted, not whether the answer was right.

The fourth ground is the absence of an agreement, available where the issue was not adversely determined in a Subchapter B proceeding and the party did not participate in the hearing without raising the objection.

That ground protects a party who never agreed to arbitrate and preserves the objection only for someone who kept making it.

The deadline is 90 days after delivery of a copy of the award to the applicant. For a corruption or fraud application, 90 days after the grounds are known or should have been known.

A failed vacatur produces confirmation. If the application is denied and no motion to modify or correct is pending, the court shall confirm the award.