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Montana Title 40. Family Law § 40-16-119. Vacation or amendment by court of unconfirmed award

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) On motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that:

(a) the award was procured by corruption, fraud, or other undue means;

(b) there was:

(i) evident partiality by the arbitrator;

(ii) corruption by the arbitrator; or

(iii) misconduct by the arbitrator substantially prejudicing the rights of a party;

(c) the arbitrator refused to postpone a hearing on showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to 40-16-113, so as to prejudice substantially the rights of a party;

(d) the arbitrator exceeded the arbitrator's powers;

(e) no arbitration agreement exists, unless the moving party participated in the arbitration without making a motion under 40-16-107 not later than the beginning of the first arbitration hearing; or

(f) the arbitration was conducted without proper notice under 40-16-106 of the initiation of arbitration, so as to prejudice substantially the rights of a party.

(2) Except as otherwise provided in subsection (3), on motion of a party, the court shall vacate an unconfirmed award that determines a child-related dispute if the moving party establishes that:

(a) the award does not comply with 40-16-115 or Title 40;

(b) the record of the hearing or the statement of reasons in the award is inadequate for the court to review the award; or

(c) a ground for vacating the award under subsection (1) exists.

(3) If an award is subject to vacation under subsection (2)(a), on motion of a party, the court may amend the award if amending rather than vacating is in the best interests of the child.

(4) The court shall determine a motion under subsection (2) or (3) based on the record of the arbitration hearing and facts occurring after the hearing.

(5) A motion under this section to vacate or amend an award must be filed not later than 90 days:

(a) after an arbitrator gives the party filing the motion notice of the award or a corrected award; or

(b) for a motion under subsection (1)(a), after the ground of corruption, fraud, or other undue means is known or by the exercise of reasonable care should have been known to the party filing the motion.

(6) If the court under this section vacates an award for a reason other than the absence of an enforceable arbitration agreement, the court may order a rehearing before an arbitrator. If the reason for vacating the award is that the award was procured by corruption, fraud, or other undue means or there was evident partiality, corruption, or misconduct by the arbitrator, the rehearing must be before another arbitrator.

(7) If the court under this section denies a motion to vacate or amend an award, the court may confirm the award under 40-16-116 unless a motion is pending under 40-16-118.

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Cite this article: FindLaw.com - Montana Title 40. Family Law § 40-16-119. Vacation or amendment by court of unconfirmed award - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-40-family-law/mt-st-40-16-119/

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