§55-10-16. Immunity of Arbitrator; Competency to Testify; Attorney's Fees and Costs
(a) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. (b) The immunity afforded by this section supplements any immunity under other law. (c) The failure of an arbitrator to make […]
§55-10-17. Arbitration Process
(a) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality […]
§55-10-18. Representation by Lawyer
A party to an arbitration proceeding may be represented by a lawyer licensed to practice law in the State of West Virginia.
§55-10-19. Witnesses; Subpoenas; Depositions; Discovery
(a) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to […]
§55-10-20. Judicial Enforcement of Preaward Ruling by Arbitrator
If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section twenty-one of this article. A prevailing party may make a motion to the court for an expedited order to confirm the award under section […]
§55-10-21. Award
(a) An arbitrator shall make a record of an award. Such record should set forth findings of fact and conclusions of law that support the award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including […]
§55-10-22. Change of Award by Arbitrator
(a) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: (1) Upon a ground stated in section twenty-six of this article;
§55-10-23. Remedies; Fees and Expenses of Arbitration Proceeding
(a) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim. (b) An arbitrator may award reasonable attorney's fees and […]
§55-10-24. Confirmation of Award
After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to section twenty-two or twenty-six of this article or is […]
§55-10-25. Vacating Award
(a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: (1) The award was procured by corruption, fraud or other undue means;