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Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 435

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  435.405.  Vacating an award — de novo judicial review, when. — 1.  Upon application of a party, the court shall vacate an award where:

  (1)  The award was procured by corruption, fraud or other undue means;

  (2)  There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;

  (3)  The arbitrators exceeded their powers;

  (4)  The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 435.370, as to prejudice substantially the rights of a party; or

  (5)  There was no arbitration agreement and the issue was not adversely determined in proceedings pursuant to section 435.355 and the party did not participate in the arbitration hearing without raising the objection; but 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.

  2.  An application pursuant to this section shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety days after such grounds are known or should have been known.

  3.  In vacating the award on grounds other than stated in subdivision (5) of subsection 1 of this section or subsection 5 of this section, the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 435.360, or if the award is vacated on grounds set forth in subdivisions (3) and (4) of subsection 1 of this section the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 435.360.  The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.

  4.  If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.

  5.  Notwithstanding the provisions of this section, if an arbitration award in any legal proceeding pursuant to chapter 452 or chapter 454 determines an issue regarding a child of the marriage, such determination shall be subject to de novo judicial review.

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(L. 1980 H.B. 1203 § 12, A.L. 1998 S.B. 910)

(1998) Section does not authorize setting aside award due to manifest disregard of the law.  Edward D. Jones & Co. v. Schwartz, 969 S.W.2d 788 (W.D.Mo.).


---- end of effective   28 Aug 1998 ----

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