(a)  In any of the following cases the court must make an order vacating the award, upon the application of any party to the controversy that was arbitrated:

(1)  When the award was procured by fraud.

(2)  Where the arbitrator or arbitrators exceeded their powers, or so imperfectly executed them, that a mutual, final, and definite award upon the subject matter submitted was not made.

(3)  If there was no valid submission or contract, and the objection has been raised under the conditions set forth in § 28-9-13.

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(b)  A motion to vacate, modify, or correct an arbitrator’s award shall not be entertained by the court unless the award is first implemented by the party seeking its vacation, modification, or correction; provided, the court, upon sufficient cause shown, may order the stay of the award or any part of it upon circumstances and conditions that it may prescribe.

(c)  If the motion to vacate, modify, or correct an arbitrator’s award is denied, the moving party shall pay the costs and reasonable attorneys’ fees of the prevailing party.