Vacating award
N.D. Cent. Code § 32-29.3-23
in effect32-29.3-23. Vacating award
1. Upon motion to the court by a party to an arbitration proceeding, the court shall vacate
an award made in the arbitration proceeding if:
a. The award was procured by corruption, fraud, or other undue means;
b. There was:
(1) Evident partiality by an arbitrator appointed as a neutral arbitrator;
(2) Corruption by an arbitrator; or
(3) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration
proceeding;
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 32-29.3-15, so as to
prejudice substantially the rights of a party to the arbitration proceeding;
d. An arbitrator exceeded the arbitrator's powers;
e. There was no agreement to arbitrate, unless the person participated in the
arbitration proceeding without raising the objection under subsection 3 of
section 32-29.3-15 not later than the beginning of the arbitration hearing; or
f. The arbitration was conducted without proper notice of the initiation of an
arbitration as required in section 32-29.3-09 so as to prejudice substantially the
rights of a party to the arbitration proceeding.
2. A motion under this section must be filed within ninety days after the movant receives
notice of the award pursuant to section 32-29.3-19 or within ninety days after the
movant receives notice of a modified or corrected award pursuant to
section 32-29.3-20, unless the movant alleges that the award was procured by
corruption, fraud, or other undue means, in which case the motion must be made
within ninety days after the ground is known or by the exercise of reasonable care
would have been known by the movant.
3. If the court vacates an award on a ground other than that set forth in subdivision e of
subsection 1, it may order a rehearing. If the award is vacated on a ground stated in
subdivision a or b of subsection 1, the rehearing must be before a new arbitrator. If the
award is vacated on a ground stated in subdivision c, d, or f of subsection 1, the
rehearing may be before the arbitrator who made the award or the arbitrator's
successor. The arbitrator must render the decision in the rehearing within the same
time as that provided in subsection 2 of section 32-29.3-19 for an award.
4. If the court denies a motion to vacate an award, the court shall confirm the award
unless a motion to modify or correct the award is pending.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t32c29-3.pdf#nameddest=32-29p3-23Fetched: 10/16/2026