S.D. Codified Laws § 12-1-30
This is the official text of S.D. Codified Laws § 12-1-30, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Grounds to vacate resolution--New arbitrator
Official statutory text
Within ten days of pronouncement, the circuit court may vacate a resolution pronouncement if:
(1) The resolution was procured by corruption, fraud, or other undue means;
(2) There was evident partiality or corruption by the arbitrator or misconduct prejudicing the rights of any party;
(3) The arbitrator exceeded his or her power; or
(4) The arbitrator refused to hear evidence material to the controversy or conducted the hearing as to prejudice substantially the rights of a party.
If the resolution pronouncement is vacated, the circuit court shall appoint a new arbitrator to resolve the dispute in the manner provided in §§ 12-1-21 to 12-1-30 , inclusive.
Source: SL 2003, ch 83, § 25; SDCL, § 12-4-51 .
(1) The resolution was procured by corruption, fraud, or other undue means;
(2) There was evident partiality or corruption by the arbitrator or misconduct prejudicing the rights of any party;
(3) The arbitrator exceeded his or her power; or
(4) The arbitrator refused to hear evidence material to the controversy or conducted the hearing as to prejudice substantially the rights of a party.
If the resolution pronouncement is vacated, the circuit court shall appoint a new arbitrator to resolve the dispute in the manner provided in §§ 12-1-21 to 12-1-30 , inclusive.
Source: SL 2003, ch 83, § 25; SDCL, § 12-4-51 .
Status: in_force · Read it on the official government site
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