KRS 417.160: Vacating an award.

(1) Upon application of a party, the court shall vacate an award where:

(a) The award was procured by corruption, fraud or other undue means;

(b) There was evident partiality by an arbitrator appointed as a neutral or

corruption in any of the arbitrators or misconduct prejudicing the rights of any

party;

(c) The arbitrators exceeded their powers;

(d) The arbitrators refused to postpone the hearing upon sufficient cause being

shown therefor or refused to hear evidence material to the controversy or

otherwise so conducted the hearing, contrary to the provisions of KRS

417.090, as to prejudice substantially the rights of a party; or

(e) There was no arbitration agreement and the issue was not adversely

determined in proceedings under KRS 417.060 and the party did not

participate in the arbitration hearing without raising the objection; but the fact

that the relief was such that it could not or would not be granted by a court is

not ground for vacating or refusing to confirm the award.

(2) An application under this section shall be made within ninety (90) days after

delivery of a copy of the award to the applicant; except that, if predicated upon

corruption, fraud or other undue means, it shall be made within ninety (90) days

after such grounds are known or should have been known.

(3) In vacating the award on grounds other than stated in paragraph (a) of subsection (1)

of this section, the court may order a rehearing before new arbitrators chosen as

provided in the agreement, or in the absence thereof, by the co urt in accordance

with KRS 417.070; or, if the award is vacated on grounds set forth in paragraphs (c)

and (d) of subsection (1) of this section, the court may order a rehearing before the

arbitrators who made the award or their successors appointed in acc ordance with

KRS 417.070. The time within which the agreement requires the award to be made

is applicable to the rehearing and commences on the date of the order.

(4) If the application to vacate is denied and no motion to modify or correct the award

is pending, the court shall confirm the award.