§4210. Motion to vacate award; grounds; rehearing
In any of the following cases the court in and for the parish wherein the award was made shall issue an order vacating the award upon the application of any party to the arbitration.
A. Where the award was procured by corruption, fraud, or undue means.
B. Where there was evident partiality or corruption on the part of the arbitrators or any of them.
C. Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy, or of any other misbehavior by which the rights of any party have been prejudiced.
D. Where the arbitrators exceeded their powers or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
Where an award is vacated and the time within which the agreement required the award to be made has not expired, the court may, in its discretion, direct a rehearing by the arbitrators.
Notes of Decisions
Montelepre v. Waring Architects, 787 So. 2d 1127 (La. Ct. App. 2001).
· cites it 4× “9:4210 sets out the only grounds to vacate an arbitration award: In any of the following cases the court in and for the parish wherein the award was made shall issue an order vacating the award upon the application of any party to the arbitration. A. Where the award was procured…”
Nat'l Tea Co. v. Richmond, 548 So. 2d 930 (La. 1989).
· cites it 4× “[3] A writ was granted to consider the judgment of the court of appeal.”
North Cent. Util., Inc. v. East Columbia Water Dist., 480 So. 2d 901 (La. Ct. App. 1985).
· cites it 9× “(emphasis supplied) Therefore, in order to vacate an award, the opponent of the award must allege and prove the existence of at least one of the grounds for vacation of arbitration awards outlined in LSA-R.S. 9:4210. This statute provides: In any of the following cases the court…”
St. Charles Par. Hosp. Serv. Dist. No. 1 v. United Fire & Cas. Co., 681 F. Supp. 2d 748 (E.D. La. 2010).
· cites it 4× “1989), the court considered the appraisal award to be an arbitration award and, upon a challenge that the amounts represented in the appraisal were fraudulent, looked to *760 the criteria that govern challenges to arbitration awards in La.Rev.Stat. § 9:4210. Musso’s Corner, 539…”
Goodrich Petroleum Co. v. MRC Energy Co., 137 So. 3d 200 (La. Ct. App. 2014).
· cites it 5× “R.S. 9:4210. An arbitration award, therefore, must be confirmed by a district court unless statutory grounds for vacating the award exist.”
Hill v. Cloud, 648 So. 2d 1383 (La. Ct. App. 1995).
· cites it 5× “Cloud claimed that the arbitrator's award was null and unenforceable under LSA-R.S. 9:4210 because the arbitrator exceeded his powers as set forth in the arbitration agreement and considered matters beyond the scope of the agreement.”
Farmers Cotton Co., Inc. v. Savage, 714 So. 2d 926 (La. Ct. App. 1998).
· cites it 7× “9:4209 provides, as follows: *929 At any time within one year after the award is made any party to the arbitration may apply to the court in and for the parish within which the award was made for an order confirming the award and thereupon the court shall grant such an order…”
Hodges v. Reasonover, 103 So. 3d 1069 (La. 2012).
· cites it 2× “Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy, or of any other misbehavior by which the rights of any party have been prejudiced. D.Where…”
Welch v. AG Edwards & Sons, Inc., 677 So. 2d 520 (La. Ct. App. 1996).
· cites it 4× “R.S. 9:4210) and federal law ( 9 U.S.C. § 10 ) was the same and "limited".”
Allen v. A & W Contractors, Inc., 433 So. 2d 839 (La. Ct. App. 1983).
· cites it 5× “Allen filed a motion to vacate the award, alleging the grounds listed in LSA-R.S. 9:4210. Following trial of the matter, at which the entire record of the arbitration proceeding was introduced, the trial court ruled in favor of A & W, confirming the award of the arbitrator.”
La. Rev. Stat. § 9:4210(0): 1 case
La. Rev. Stat. § 9:4210(A): 2 cases
Hill v. Cloud, 648 So. 2d 1383 (La. Ct. App. 1995).
“Cloud claimed that the arbitrator's award was null and unenforceable under LSA-R.S. 9:4210 because the arbitrator exceeded his powers as set forth in the arbitration agreement and considered matters beyond the scope of the agreement.”
Carver Theater, LLC, Carver Theater Prods., LLC, & the Jt. Venture of Carver Theater, LLC, Carver Theater Prods., LLC, & Wm Advisors Enter., LLC v. Kristen L. Melancon, Wm Advisors Enter., LLC, & by Equities, LLC (La. Ct. App. 2025).
La. Rev. Stat. § 9:4210(A)(B): 1 case
La. Rev. Stat. § 9:4210(B): 2 cases
Hill v. Cloud, 648 So. 2d 1383 (La. Ct. App. 1995).
“Cloud claimed that the arbitrator's award was null and unenforceable under LSA-R.S. 9:4210 because the arbitrator exceeded his powers as set forth in the arbitration agreement and considered matters beyond the scope of the agreement.”
Allen v. A & W Contractors, Inc., 433 So. 2d 839 (La. Ct. App. 1983).
“Allen filed a motion to vacate the award, alleging the grounds listed in LSA-R.S. 9:4210. Following trial of the matter, at which the entire record of the arbitration proceeding was introduced, the trial court ruled in favor of A & W, confirming the award of the arbitrator.”
La. Rev. Stat. § 9:4210(C): 9 cases
La. Rev. Stat. § 9:4210(D): 27 cases
Allen v. A & W Contractors, Inc., 433 So. 2d 839 (La. Ct. App. 1983).
“Allen filed a motion to vacate the award, alleging the grounds listed in LSA-R.S. 9:4210. Following trial of the matter, at which the entire record of the arbitration proceeding was introduced, the trial court ruled in favor of A & W, confirming the award of the arbitrator.”
La. Rev. Stat. § 9:4210(c): 1 case
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