Indiana Code 34-57-1-17. Grounds against rendition of judgment on award
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Sec. 17. In all cases where an award is presented to any court of record for a judgment to be entered upon the award, whether the reference was made by submission of parties, or by rule of court, the adverse party may show cause against the rendition of the judgment on any of the following grounds:
(2) The arbitrator was guilty of misconduct in:
(1) The award or umpirage was obtained by fraud, corruption, partiality, or other undue means, or the arbitrator showed evidence of partiality or corruption.
Terms Used In Indiana Code 34-57-1-17
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
(A) refusing to postpone the hearing upon sufficient cause shown;
(B) refusing to hear evidence material and pertinent to the controversy; or
(C) any other misbehavior by which the rights of any party were prejudiced.
(3) The arbitrator exceeded the arbitrator’s powers, or so imperfectly executed them that a mutual, final, and definite award on the subject-matter submitted was not made.
[Pre-1998 Recodification Citation: 34-4-1-16.]
As added by P.L.1-1998, SEC.53.