2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 73 - Arbitration
7314 - Vacating award by court.

     § 7314.  Vacating award by court.
        (a)  General rule.--
            (1)  On application of a party, the court shall vacate an
        award where:
                (i)  the court would vacate the award under section
            7341 (relating to common law arbitration) if this
            subchapter were not applicable;
                (ii)  there was evident partiality by an arbitrator
            appointed as a neutral or corruption or misconduct in any
            of the arbitrators prejudicing the rights of any party;
                (iii)  the arbitrators exceeded their powers;
                (iv)  the arbitrators refused to postpone the hearing
            upon good 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 7307 (relating to hearing before arbitrators), as
            to prejudice substantially the rights of a party; or
                (v)  there was no agreement to arbitrate and the
            issue of the existence of an agreement to arbitrate was
            not adversely determined in proceedings under section
            7304 (relating to court proceedings to compel or stay
            arbitration) and the applicant-party raised the issue of
            the existence of an agreement to arbitrate at the
            hearing.
            (2)  The fact that the relief awarded by the arbitrators
        was such that it could not or would not be granted by a court
        of law or equity is not a ground for vacating or refusing to
        confirm the award.
        (b)  Time limitation.--An application under this section
     shall be made within 30 days after delivery of a copy of the
     award to the applicant, except that, if predicated upon
     corruption, fraud, misconduct or other improper means, it shall
     be made within 30 days after such grounds are known or should
     have been known to the applicant.
        (c)  Further hearing.--If the court vacates the award on
     grounds other than stated in subsection (a)(1)(v), the court may
     order a rehearing before new arbitrators chosen as prescribed in
     the agreement to arbitrate. Absent a method prescribed in the
     agreement to arbitrate, the court shall choose new arbitrators
     in accordance with section 7305 (relating to appointment of
     arbitrators by court). If the award is vacated on grounds not
     affecting the competency of the arbitrators under subsection
     (a)(1)(i) through (iv), the court may order a rehearing before
     the arbitrators who made the award or their successors appointed
     in accordance with section 7305. The time period within which
     the agreement requires the original award to be made is
     applicable to the rehearing and commences from the date of the
     court order directing a rehearing.
        (d)  Confirmation of award.--If an application to vacate the
     award is denied and no application to modify or correct the
     award is pending, the court shall confirm the award.

        Cross References.  Section 7314 is referred to in sections
     7311, 7313 of this title.