(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 court 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 accordance 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.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 278, sec. 12, effective July 13, 1984.
Notes of Decisions
Cited in
27
cases (
10 in the last 5 years), 1991–2024 · leading case:
Ison v. Robinson, 411 S.W.3d 766 (Ky. Ct. App. 2013).
Ison v. Robinson, 411 S.W.3d 766 (Ky. Ct. App. 2013).
· cites it 9× “3 Specifically, our earlier opinion (2004-CA-000936-MR) vacated and remanded the arbitration award as follows: [Gjiven our inability to ascertain the basis of the circuit court’s ruling and the concerns noted above, we believe that it is appropriate in this case to vacate the…”
3d Enter. Contracting Corp. v. Lexington-Fayette Urban Cnty. Gov't, 134 S.W.3d 558 (Ky. 2004).
· cites it 6× “” The grounds for vacation of an arbitration award under the Act are set forth in KRS 417.160, which reads: (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…”
Meers v. Semonin Realtors, 525 S.W.3d 545 (Ky. Ct. App. 2017).
· cites it 6× “He stated that he was seeking relief pursuant to KRS 417.160 related to defective process in that the arbitrator failed to remain impartial due to his daughter’s undisclosed work for Semonin Realtors and refused to consider evidence that, because the Louisville residence Would…”
Dutschke v. Jim Russell Realtors, Inc., 281 S.W.3d 817 (Ky. Ct. App. 2008).
· cites it 2× “KRS 417.160 provides as follows: (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…”
Fischer v. MBNA Am. Bank, N.A., 248 S.W.3d 567 (Ky. Ct. App. 2007).
· cites it 2× “The circuit court then entered its Order of Judgment on the premise that Elaina had not sought to modify or vacate the award within ninety days of entry of the award by the arbitrator on August 12, 2004, as required in KRS 417.160 and KRS 417.170. Thus, entry of the Order of…”
Wagner v. Drees Co., 422 S.W.3d 281 (Ky. Ct. App. 2013).
· cites it 2× “The Wagners then appealed the arbitrator’s order to the Boone Circuit Court, requesting that the order be vacated, or deemed void, on the basis that the arbitrator exceeded his powers under KRS 417.160(1)(c). Specifically, the Wagners argued that the arbitrator lacked authority…”
Pavkovich v. Shenouda, 280 S.W.3d 584 (Ky. Ct. App. 2009).
· cites it 2× “KRS 417.160 provides that a Court may vacate the decision of an arbitrator [under specific circumstances].”
Conagra Poultry Co. v. Grissom Transp., Inc., 186 S.W.3d 243 (Ky. Ct. App. 2006).
“As there was no suggestion presented to the circuit court that the award was tainted as required by KRS 417.160 or miscalculated as contemplated by KRS 417.”
Tru Green Corp. v. Sampson, 802 S.W.2d 951 (Ky. Ct. App. 1991).
“Appellant paid the other parts of the award, but protested the fee reimbursement; no statutory motion to vacate (KRS 417.160) or other formal objection was made.”
— Ky. Rev. Stat. § 417.160(1) — 5 cases
Meers v. Semonin Realtors, 525 S.W.3d 545 (Ky. Ct. App. 2017).
“He stated that he was seeking relief pursuant to KRS 417.160 related to defective process in that the arbitrator failed to remain impartial due to his daughter’s undisclosed work for Semonin Realtors and refused to consider evidence that, because the Louisville residence Would…”
— Ky. Rev. Stat. § 417.160(1)(a) — 1 case
Ison v. Robinson, 411 S.W.3d 766 (Ky. Ct. App. 2013).
“3 Specifically, our earlier opinion (2004-CA-000936-MR) vacated and remanded the arbitration award as follows: [Gjiven our inability to ascertain the basis of the circuit court’s ruling and the concerns noted above, we believe that it is appropriate in this case to vacate the…”
— Ky. Rev. Stat. § 417.160(1)(b) — 2 cases
Meers v. Semonin Realtors, 525 S.W.3d 545 (Ky. Ct. App. 2017).
“He stated that he was seeking relief pursuant to KRS 417.160 related to defective process in that the arbitrator failed to remain impartial due to his daughter’s undisclosed work for Semonin Realtors and refused to consider evidence that, because the Louisville residence Would…”
— Ky. Rev. Stat. § 417.160(1)(c) — 5 cases
Wagner v. Drees Co., 422 S.W.3d 281 (Ky. Ct. App. 2013).
“The Wagners then appealed the arbitrator’s order to the Boone Circuit Court, requesting that the order be vacated, or deemed void, on the basis that the arbitrator exceeded his powers under KRS 417.160(1)(c). Specifically, the Wagners argued that the arbitrator lacked authority…”
— Ky. Rev. Stat. § 417.160(1)(d) — 3 cases
Meers v. Semonin Realtors, 525 S.W.3d 545 (Ky. Ct. App. 2017).
“He stated that he was seeking relief pursuant to KRS 417.160 related to defective process in that the arbitrator failed to remain impartial due to his daughter’s undisclosed work for Semonin Realtors and refused to consider evidence that, because the Louisville residence Would…”
— Ky. Rev. Stat. § 417.160(2) — 1 case
— Ky. Rev. Stat. § 417.160(4) — 1 case
— Ky. Rev. Stat. § 417.160(l)(a) — 1 case
— Ky. Rev. Stat. § 417.160(l)(c) — 1 case
3d Enter. Contracting Corp. v. Lexington-Fayette Urban Cnty. Gov't, 134 S.W.3d 558 (Ky. 2004).
“” The grounds for vacation of an arbitration award under the Act are set forth in KRS 417.160, which reads: (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…”
— Ky. Rev. Stat. § 417.160(l)(e) — 1 case
3d Enter. Contracting Corp. v. Lexington-Fayette Urban Cnty. Gov't, 134 S.W.3d 558 (Ky. 2004).
“” The grounds for vacation of an arbitration award under the Act are set forth in KRS 417.160, which reads: (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…”
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