3222

In any of the following cases the court may, on petition of any of the parties and upon notice and hearing, issue an order reversing the award:\n(a) When it was obtained through corruption, fraud or other improper means.\n(b) When there was evident bias or corruption on the part of the referees or any of them.\n(c) When the referees are in error in refusing to postpone the hearing after just cause therefor was shown, or in refusing to hear relevant and material evidence on the dispute, or when they commit any other error impairing the rights of any of the parties.\n(d) When the referees go beyond their function or when the award made does not finally and definitively decide the dispute submitted.\n(e) If there was no submission or valid arbitration agreement and the proceedings were initiated without having served the notice of the intent to arbitrate, as provided in § 3211 of this title, or the motion to compel arbitration, as provided in subsection (1) of § 3204 of this title.\nIn case an award is reversed, the court may, in its discretion, order a new hearing, before the same referees or before new referees to be selected in the manner provided for in the agreement for the

In case an award is reversed, the court may, in its discretion, order a new hearing, before the same referees or before new referees to be selected in the manner provided for in the agreement for the selection of original referees, and any provision limiting the term within which the referees may arrive at a decision, shall be considered applicable to the new arbitration and to begin from the date of the court order.\nHistory\n—May 8, 1951, No. 376, p. 896, § 22, eff. 90 days after May 8, 1951.