{"data":{"id":"us-nc/n.c.-gen.-stat.-1-569.23","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 1-569.23","heading":"Vacating award.","body":"(a)\tUpon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:\n(1)\tThe award was procured by corruption, fraud, or other undue means;\n(2)\tThere was:\na.\tEvident partiality by an arbitrator appointed as a neutral arbitrator;\nb.\tCorruption by an arbitrator; or\nc.\tMisconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;\n(3)\tAn arbitrator refused to postpone the hearing upon a showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to G.S. 1-569.15 so as to prejudice substantially the rights of a party to the arbitration proceeding;\n(4)\tAn arbitrator exceeded the arbitrator's powers;\n(5)\tThere was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under G.S. 1-569.15(c) no later than the beginning of the arbitration hearing; or\n(6)\tThe arbitration was conducted without proper notice of the initiation of an arbitration as required in G.S. 1-569.9 so as to prejudice substantially the rights of a party to the arbitration proceeding.\n(b)\tA motion under this section shall be filed within 90 days after the moving party receives notice of the award pursuant to G.S. 1-569.19 or within 90 days after the moving party receives notice of a modified or corrected award pursuant to G.S. 1-569.20, unless the moving party alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion shall be made within 90 days after the ground is known, or by the exercise of reasonable care would have been known, by the moving party.\n(c)\tIf the court vacates an award on a ground other than that set forth in subdivision (a)(5) of this section, it may order a rehearing. If the award is vacated on a ground stated in subdivision (1) or (2) of subsection (a) of this section, the rehearing shall be before a new arbitrator. If the award is vacated on a ground stated in subdivision (3), (4), or (6) of subsection (a) of this section, the rehearing may be held before the arbitrator who made the award or the arbitrator's successor. The arbitrator shall render the decision in the rehearing within the same time as the time provided in G.S. 1-569.19(b) for an award.\n(d)\tIf the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award pursuant to G.S. 1-569.24 is pending. (1927, c. 94, s. 16; 1973, c. 676, s. 1; 2003-345, s. 2.)","path":["Chapter 1. Civil Procedure.","SUBCHAPTER XV. INCIDENTAL PROCEDURE IN CIVIL ACTIONS.","Article 45C. Revised Uniform Arbitration Act."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-569.23.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:54:12Z","sha256":"b8a19376b646dae4ac80b429f2244e4cfcc64cb68ad586ffbee37c76ddbda853","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-1-569.22","next":"us-nc/n.c.-gen.-stat.-1-569.24"},"notice":"GroundRules: Original legal text. Not legal advice."}