3.__Rehearing.__If the court vacates an award on a ground other than that set forth in subsection 1, paragraph E, it may order a rehearing.__If the award is vacated on a ground stated in subsection 1, paragraph A or B, the rehearing must be before a new arbitrator.__If the award is vacated on a ground stated in subsection 1, paragraph C, D or F, 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 section 8719, subsection 2 for an award.

4.__Confirmation of award.__If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.

Uniform Comment

A. Comment on Section 23(a)(2), (5), (6), and (c)

1. Section 23(a)(2) is based on UAA Section 12(a)(2). The reason "evident partiality" is a grounds for vacatur only for a neutral arbitrator is because non-neutral arbitrators, unless otherwise agreed, serve as representatives of the parties appointing them. As such, these non-neutral, party- appointed arbitrators are not expected to be impartial in the same sense as neutral arbitrators. Macneil Treatise § 28.4. However, corruption and misconduct are grounds to vacate an award by both neutral arbitrators and non-neutral arbitrators appointed by the parties. As to misconduct, before courts will vacate an award on this ground, objecting parties must demonstrate that the misconduct actually prejudiced their rights. Creative Homes & Millwork, Inc. v. Hinkle, 426 S.E.2d 480 (N.C. Ct App. 1993). Courts have not required a showing of prejudice when parties challenge an arbitration award on grounds of evident partiality of the neutral arbitrator or corruption in any of the arbitrators. Gaines Constr. Co. v. Carol City Ut., Inc., 164 So. 2d 270 (Fl. Dist. Ct. 1964); Northwest Mech., Inc. v. Public Ut. Comm'n, 283 N.W.2d 522 (Minn. 1979); Egan & Sons Co. v. Mears Park Dev. Co., 414 N.W.2d 785 (Minn. Ct. App. 1987). Corruption is also a ground for vacatur in Section 23(a)(1) that does not require any showing of prejudice.

2. The purpose of Section 23(a)(5) is to establish that if there is no valid arbitration agreement, then the award can be vacated; however, the right to challenge an award on this ground