South Dakota Statutes § 12-1-30 Grounds to vacate resolution-New arbitrator
Statute Text
Within ten days of pronouncement, the circuit court may vacate a resolution pronouncement if:
(1)
The resolution was procured by corruption, fraud, or other undue means;
(2)
There was evident partiality or corruption by the arbitrator or misconduct prejudicing the rights of any party;
(3)
The arbitrator exceeded his or her power; or
(4)
The arbitrator refused to hear evidence material to the controversy or conducted the hearing as to prejudice substantially the rights of a party.
If the resolution pronouncement is vacated, the circuit court shall appoint a new arbitrator to resolve the dispute in the manner provided in §§
12-1-21
to
12-1-30
, inclusive.
Source
SL 2003 , ch 83 , § 25 ; SDCL, § 12-4-51 .
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