§8723.__Vacating award

1.__Grounds for vacating.__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 8715 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 section 8715, subsection 3 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 8709 so as to prejudice substantially the rights of a party to the arbitration proceeding.

2.__Timing of motion to vacate.__A motion under this section must be filed within 90 days after the movant receives notice of the award pursuant to section 8719 or within 90 days after the movant receives notice of a modified or corrected award pursuant to section 8720, unless the movant alleges that the award was