Post by Jim on Feb 10, 2009 9:09:15 GMT -5
Please add anything to this Discussion pertaining to this topic. Sometimes this type of motion could solve many problems, this is an important topic!
Georgia OCGA: 9-9-13 Vacation of award by court; application; grounds; rehearing; appeal of order.
(a) An application to vacate an award shall be made to the court within three months after delivery of a copy of the award to the applicant.
(b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by:
(1) Corruption, fraud, or misconduct in procuring the award;
(2) Partiality of an arbitrator appointed as a neutral;
(3) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made; or
(4) A failure to follow the procedure of this part, unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection.
(c) The award shall be vacated on the application of a party who neither participated in the arbitration nor was served with a demand for arbitration or order to compel arbitration if the court finds that:
(1) The rights of the party were prejudiced by one of the grounds specified in subsection (b) of this Code section;
(2) A valid agreement to arbitrate was not made;
(3) The agreement to arbitrate has not been complied with; or
(4) The arbitrated claim was barred by limitation of time, as provided by this part.
(d) The fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
(e) Upon vacating an award, the court may order a rehearing and determination of all or any of the issues either before the same arbitrators or before new arbitrators appointed as provided by this part. In any provision of an agreement limiting the time for a hearing or award, time shall be measured from the date of such order or rehearing, whichever is appropriate, or a time may be specified by the court. The court's ruling or order under this Code section shall constitute a final judgment and shall be subject to appeal in accordance with the appeal provisions of this part.
(Code 1933, 7-314, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, 9-9-93; Code 1981, 9-9-13, as redesignated by Ga. L. 1988, p. 903, § 1.)
Related:
In such a case, OCGA 5-6-38 (a) requires that a notice of appeal be filed within 30 days after the entry of the order finally disposing of the motion for new trial. Rowland v. State, supra. " 'The proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.
Georgia OCGA: 9-9-13 Vacation of award by court; application; grounds; rehearing; appeal of order.
(a) An application to vacate an award shall be made to the court within three months after delivery of a copy of the award to the applicant.
(b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by:
(1) Corruption, fraud, or misconduct in procuring the award;
(2) Partiality of an arbitrator appointed as a neutral;
(3) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made; or
(4) A failure to follow the procedure of this part, unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection.
(c) The award shall be vacated on the application of a party who neither participated in the arbitration nor was served with a demand for arbitration or order to compel arbitration if the court finds that:
(1) The rights of the party were prejudiced by one of the grounds specified in subsection (b) of this Code section;
(2) A valid agreement to arbitrate was not made;
(3) The agreement to arbitrate has not been complied with; or
(4) The arbitrated claim was barred by limitation of time, as provided by this part.
(d) The fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
(e) Upon vacating an award, the court may order a rehearing and determination of all or any of the issues either before the same arbitrators or before new arbitrators appointed as provided by this part. In any provision of an agreement limiting the time for a hearing or award, time shall be measured from the date of such order or rehearing, whichever is appropriate, or a time may be specified by the court. The court's ruling or order under this Code section shall constitute a final judgment and shall be subject to appeal in accordance with the appeal provisions of this part.
(Code 1933, 7-314, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, 9-9-93; Code 1981, 9-9-13, as redesignated by Ga. L. 1988, p. 903, § 1.)
Related:
In such a case, OCGA 5-6-38 (a) requires that a notice of appeal be filed within 30 days after the entry of the order finally disposing of the motion for new trial. Rowland v. State, supra. " 'The proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.