Montana Code 40-16-119. Vacation or amendment by court of unconfirmed award
40-16-119. Vacation or amendment by court of unconfirmed award. (1) On motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that:
Terms Used In Montana Code 40-16-119
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Arbitration agreement: means an agreement that subjects a family law dispute to arbitration. See Montana Code 40-16-102
- Arbitrator: means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement. See Montana Code 40-16-102
- Child-related dispute: means a family law dispute regarding the parenting or financial support of a child. See Montana Code 40-16-102
- Court: means the district court. See Montana Code 40-16-102
- 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.
- Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Montana Code 40-16-102
(a)the award was procured by corruption, fraud, or other undue means;
(b)there was:
(i)evident partiality by the arbitrator;
(ii)corruption by the arbitrator; or
(iii)misconduct by the arbitrator substantially prejudicing the rights of a party;
(c)the arbitrator refused to postpone a hearing on showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to 40-16-113, so as to prejudice substantially the rights of a party;
(d)the arbitrator exceeded the arbitrator’s powers;
(e)no arbitration agreement exists, unless the moving party participated in the arbitration without making a motion under 40-16-107 not later than the beginning of the first arbitration hearing; or
(f)the arbitration was conducted without proper notice under 40-16-106 of the initiation of arbitration, so as to prejudice substantially the rights of a party.
(2)Except as otherwise provided in subsection (3), on motion of a party, the court shall vacate an unconfirmed award that determines a child-related dispute if the moving party establishes that:
(a)the award does not comply with 40-16-115 or Title 40;
(b)the record of the hearing or the statement of reasons in the award is inadequate for the court to review the award; or
(c)a ground for vacating the award under subsection (1) exists.
(3)If an award is subject to vacation under subsection (2)(a), on motion of a party, the court may amend the award if amending rather than vacating is in the best interests of the child.
(4)The court shall determine a motion under subsection (2) or (3) based on the record of the arbitration hearing and facts occurring after the hearing.
(5)A motion under this section to vacate or amend an award must be filed not later than 90 days:
(a)after an arbitrator gives the party filing the motion notice of the award or a corrected award; or
(b)for a motion under subsection (1)(a), after the ground of corruption, fraud, or other undue means is known or by the exercise of reasonable care should have been known to the party filing the motion.
(6)If the court under this section vacates an award for a reason other than the absence of an enforceable arbitration agreement, the court may order a rehearing before an arbitrator. If the reason for vacating the award is that the award was procured by corruption, fraud, or other undue means or there was evident partiality, corruption, or misconduct by the arbitrator, the rehearing must be before another arbitrator.
(7)If the court under this section denies a motion to vacate or amend an award, the court may confirm the award under 40-16-116 unless a motion is pending under 40-16-118.