§ 28-9-13 - Validity of arbitration without judicial order – Grounds for attack.
SECTION 28-9-13
§ 28-9-13 Validity of arbitration withoutjudicial order – Grounds for attack. – An award shall be valid and enforceable according to its terms and under theprovisions of this chapter without previous adjudication of the existence of asubmission or contract to arbitrate, subject to the provisions of this section:
(1) A party who has participated in any of the proceedingsbefore the arbitrator or arbitrators may object to the confirmation of theaward only on one or more of the grounds specified in this section, providedthat he or she did not continue with the arbitration with notice of the factsor defects on which his or her objection is based, because of a failure tocomply with § 28-9-8 or with § 28-9-10, or because of the impropermanner of the selection of the arbitrators.
(2) A party who has not participated in any of theproceedings before the arbitrator or arbitrators and who has not made or beenserved with an application to compel arbitration under § 28-9-5 may alsoput in issue the making of the contract or submission or the failure to complywith it, either by a motion for a stay of the arbitration or in opposition tothe confirmation of the award. If a notice has been personally served on theparty of an intention to conduct the arbitration pursuant to the provisions ofa contract or submission specified in the notice, the issues specified in thissubdivision may be raised only by a motion for a stay of the arbitration,notice of which motion must be served within ten (10) days after the service ofthe notice of intention to arbitrate. The notice must state in substance thatunless within ten (10) days after its service the party served shall serve anotice of motion to stay the arbitration, he or she shall subsequently bebarred from putting in issue the making of the contract or submission or thefailure to comply with it. The arbitration hearing shall be adjourned uponservice of the notice pending the determination of the motion. Where theopposing party, either on a motion for a stay or in opposition to theconfirmation of an award, sets forth evidentiary facts raising a substantialissue as to the making of the contract or submission or the failure to complywith it, an immediate trial of the issue shall be had. In the event that theopposing party is unsuccessful he or she may, nevertheless, participate in thearbitration if the arbitration is still being carried on. Any party may, on orbefore the return day of the notice of application, demand a jury trial of theissue.