§ 50-53 – Confirmation of award.
50-53. Confirmation of award. (a) Unless the parties otherwise agree in writing that part or all of an award shall not be confirmed by the court, upon a party’s application, the court shall confirm an award, except when within time limits imposed under G.S. 50-54 through G.S. 50-56 grounds are urged for vacating or modifying […]
§ 50-54 – Vacating an award.
50-54. Vacating an award. (a) Upon a party’s application, the court shall vacate an award for any of the following reasons: (1) The award was procured by corruption, fraud, or other undue means; (2) There was evident partiality by an arbitrator appointed as a neutral, corruption of an arbitrator, or misconduct prejudicing the rights of […]
§ 50-55 – Modification or correction of award.
50-55. Modification or correction of award. (a) Upon application made within 90 days after delivery of a copy of an award to an applicant, the court shall modify or correct the award where at least one of the following occurs: (1) There is an evident miscalculation of figures or an evident mistake in the description […]
§ 50-56 – Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances.
50-56. Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances. (a) A court or the arbitrators may modify an award for postseparation support, alimony, child support, or child custody under conditions stated in G.S. 50-13.7 and G.S. 50-16.9 as provided in subsections (b) through (f) of […]
§ 50-42.2 – Notice.
50-42.2. Notice. (a) A person initiates an arbitration proceeding by giving written notice to the other parties to the agreement to arbitrate in the manner in which the parties have agreed or, in the absence of agreement, by certified or registered mail, return receipt requested, or by service as authorized for the commencement of a […]
§ 50-43 – Proceedings to compel or stay arbitration.
50-43. Proceedings to compel or stay arbitration. (a) On a party’s application showing an agreement under G.S. 50-42 and an opposing party’s refusal to arbitrate, the court shall order the parties to proceed with the arbitration. If an opposing party denies existence of an agreement to arbitrate, the court shall proceed summarily to determine whether […]
§ 50-44 – Interim relief and interim measures.
50-44. Interim relief and interim measures. (a) In the case of an arbitration where arbitrators have not yet been appointed, or where the arbitrators are unavailable, a party may seek interim relief directly from a court as provided in subsection (c) of this section. Enforcement shall be granted as provided by the law applicable to […]
§ 50-45 – Appointment of arbitrators; rules for conducting the arbitration.
50-45. Appointment of arbitrators; rules for conducting the arbitration. (a) Unless the parties otherwise agree in writing, a single arbitrator shall be chosen by the parties to arbitrate all matters in dispute. (b) If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. The agreement may provide for appointing […]
§ 50-45.1 – Disclosure by arbitrator.
50-45.1. Disclosure by arbitrator. (a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and to the arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect […]
§ 50-46 – Majority action by arbitrators.
50-46. Majority action by arbitrators. The arbitrators’ powers shall be exercised by a majority unless otherwise provided by the parties’ written arbitration agreement or this Article. (1999-185, s. 1; 2005-187, s. 6.)