Wyoming Statutes
Wyo. Stat. § 1-36-114 (2026)
When court to vacate award.
✓ current as of May 2026
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(a) Upon application of a party the court shall vacate an
award where:
(i) The award was procured by corruption, fraud or
other undue means;
(ii) There was evident partiality by an arbitrator
appointed as a neutral, corruption of any of the arbitrators or
misconduct prejudicing the rights of any party;
(iii) The arbitrators exceeded their powers;
(iv) The arbitrators refused to postpone the hearing
upon sufficient cause being shown, refused to hear evidence
material to the controversy or otherwise conducted the hearing
as to prejudice substantially the rights of a party; or
(v) There was no arbitration agreement, the issue was
not adversely determined by a court as provided by law and the
applicant did not participate in the arbitration hearing without
raising the objection. The fact that the relief was such that it
could not or would not be granted by a court of law or equity is
not a ground for vacating or refusing to confirm the award.
(b) An application for vacating an award shall be made
within ninety (90) days after delivery of a copy of the award to
the applicant, or if predicated upon corruption, fraud or other
undue means it shall be made within ninety (90) days after the
grounds are known or should have been known.
(c) In vacating the award on grounds other than stated in
paragraph (a)(v) of this section the court may order a rehearing
before new arbitrators chosen as provided in the agreement or by
the court in accordance with W.S. 1-36-105. If the award is
vacated on grounds set forth in paragraph (a)(iii) or (iv) of
this section the court may order a rehearing before the
arbitrators who made the award or their successors appointed in
accordance with W.S. 1-36-105. The time within which the
agreement requires the award to be made is applicable to the
rehearing and commences from the date of the order.
(d) If the application to vacate is denied and no motion
to modify or correct the award is pending, the court shall
confirm the award.Notes of Decisions
Cited in 17
cases (6 in the last 5 years), 1983–2026 · leading case: In the Matter of the Claim for Damages Filed By Josh Longwell With the Wyoming Game & Fish Dep't: Josh Longwell v. Wyoming Game & Fish Dep't, 2022 WY 56 (Wyo. 2022).
In the Matter of the Claim for Damages Filed By Josh Longwell With the Wyoming Game & Fish Dep't: Josh Longwell v. Wyoming Game & Fish Dep't, 2022 WY 56 (Wyo. 2022). “[¶10] The Department filed an application with the district court to modify the arbitration award under § 1-36-115 of the Uniform Arbitration Act or, in the alternative, to vacate it under Wyo. Stat. Ann. § 1-36-114 (LexisNexis 2021) of the Act.”
Dorr, Keller, Bentley & Pecha v. Dorr, Bentley & Pecha, 841 P.2d 811 (Wyo. 1992). “" An arbitration award may be vacated by the court on one of five grounds stated in Wyo.Stat. § 1-36-114 (1988) [5] and modified *818 or corrected by the court on one of three grounds set forth in Wyo.”
Welty v. Brady, 2005 WY 157 (Wyo. 2005). “STANDARD OF REVIEW [¶ 10] Wyo. Stat. Ann. § 1-36-114 (Lex-isNexis 2005) articulates the statutory bases for vacation of an arbitration award.”
Parker Land & Cattle Co. v. Wyoming Game & Fish Comm'n, 845 P.2d 1040 (Wyo. 1993). “Either party may apply to the district court for vacation of a decision under W.S. 1-36-114(a) or correction or modification of a decision under W.”
Michel Skaf, M.D. v. Wyoming Cardiopulmonary Servs., P.C., a Wyoming Corp., 2021 WY 105 (Wyo. 2021). “Wyo. Stat. Ann. § 1-36-114 (a)(i)–(iii) (LexisNexis 2021) (emphasis added).”
State, Wyoming Game & Fish Comm'n v. Thornock, 851 P.2d 1300 (Wyo. 1993). “The Commission relies upon Wyo.Stat. § 1-36-114(a)(ii) as authority to support its argument to vacate the award.”
T & M Props. v. ZVFK Architects & Planners, 661 P.2d 1040 (Wyo. 1983). “Are the appellants’ defenses raised in their answer to appellee’s petition for recognition of award and judgment barred by the provisions of § 1-36-114(b), W.S.1977, because they were not made within 90 days of receipt of the arbitration award? 2.”
Texas West Oil & Gas Corp. v. Fitzgerald, 726 P.2d 1056 (Wyo. 1986). “) Oil Patch further contends in its brief that Texas West has failed to show any clear and convincing reason why the award should be vacated on any of the grounds enumerated in § 1-36-114(a), W.S. 1977, which provides that the court shall vacate an arbitration award where: "(i)…”
Simon v. Teton Bd. of Realtors, 4 P.3d 197 (Wyo. 2000). “Wyo. Stat. Ann. § 1-36-114 provides: (a) Upon application of a party the court shall vacate an award where: '() The award was procured by corruption, fraud or other undue means; (ii) There was evident partiality by an arbitrator appointed as a neutral, corruption of any of the…”
Felix Felicis, Llc, a Wyoming Ltd. Liab. Co. v. Riva Ridge Owners Ass'n, 2023 WY 18 (Wyo. 2023). “[¶12] Felix filed an “Application to Vacate Final Arbitration Award” under Wyo. Stat. Ann. § 1-36-114 (LexisNexis 2021) with the district court.”
Vogt v. MBNA Am. Bank, 178 P.3d 405 (Wyo. 2008). “Section 1-36-114 2 pro *410 vides the bases for vacating an arbitration award, and § 1-36-115 3 pertains to modification or correction of an award.”
Hot Springs Cnty. Sch. Dist. No. 1 v. Strube Constr. Co., 715 P.2d 540 (Wyo. 1986). “" Section 1-36-114(a)(iii), W.S. 1977. "* * * The courts are to decide the question of whether a grievance or dispute arises under the terms of the bargaining agreement and should be arbitrated, unless the agreement clearly demonstrates that the question is reserved to the…”
— Wyo. Stat. § 1-36-114(a) — 3 cases
Parker Land & Cattle Co. v. Wyoming Game & Fish Comm'n, 845 P.2d 1040 (Wyo. 1993). “Either party may apply to the district court for vacation of a decision under W.S. 1-36-114(a) or correction or modification of a decision under W.”
Texas West Oil & Gas Corp. v. Fitzgerald, 726 P.2d 1056 (Wyo. 1986). “) Oil Patch further contends in its brief that Texas West has failed to show any clear and convincing reason why the award should be vacated on any of the grounds enumerated in § 1-36-114(a), W.S. 1977, which provides that the court shall vacate an arbitration award where: "(i)…”
Wild West Trading Co. v. Gbs&h Architects, Landscape Architects, Planners, Inc., 881 P.2d 1070 (Wyo. 1994).
— Wyo. Stat. § 1-36-114(a)(ii) — 1 case
State, Wyoming Game & Fish Comm'n v. Thornock, 851 P.2d 1300 (Wyo. 1993). “The Commission relies upon Wyo.Stat. § 1-36-114(a)(ii) as authority to support its argument to vacate the award.”
— Wyo. Stat. § 1-36-114(a)(iii) — 4 cases
In the Matter of the Claim for Damages Filed By Josh Longwell With the Wyoming Game & Fish Dep't: Josh Longwell v. Wyoming Game & Fish Dep't, 2022 WY 56 (Wyo. 2022). “[¶10] The Department filed an application with the district court to modify the arbitration award under § 1-36-115 of the Uniform Arbitration Act or, in the alternative, to vacate it under Wyo. Stat. Ann. § 1-36-114 (LexisNexis 2021) of the Act.”
State, Wyoming Game & Fish Comm'n v. Thornock, 851 P.2d 1300 (Wyo. 1993). “The Commission relies upon Wyo.Stat. § 1-36-114(a)(ii) as authority to support its argument to vacate the award.”
Hot Springs Cnty. Sch. Dist. No. 1 v. Strube Constr. Co., 715 P.2d 540 (Wyo. 1986). “" Section 1-36-114(a)(iii), W.S. 1977. "* * * The courts are to decide the question of whether a grievance or dispute arises under the terms of the bargaining agreement and should be arbitrated, unless the agreement clearly demonstrates that the question is reserved to the…”
Felix Felicis, Llc, a Wyoming Ltd. Liab. Co. v. Riva Ridge Owners Ass'n, 2023 WY 18 (Wyo. 2023). “[¶12] Felix filed an “Application to Vacate Final Arbitration Award” under Wyo. Stat. Ann. § 1-36-114 (LexisNexis 2021) with the district court.”
— Wyo. Stat. § 1-36-114(a)(v) — 2 cases
JBC of Wyoming Corp. v. City of Cheyenne, 843 P.2d 1190 (Wyo. 1992).
Welty v. Brady, 2005 WY 157 (Wyo. 2005). “STANDARD OF REVIEW [¶ 10] Wyo. Stat. Ann. § 1-36-114 (Lex-isNexis 2005) articulates the statutory bases for vacation of an arbitration award.”
— Wyo. Stat. § 1-36-114(b) — 2 cases
T & M Props. v. ZVFK Architects & Planners, 661 P.2d 1040 (Wyo. 1983). “Are the appellants’ defenses raised in their answer to appellee’s petition for recognition of award and judgment barred by the provisions of § 1-36-114(b), W.S.1977, because they were not made within 90 days of receipt of the arbitration award? 2.”
Simon v. Teton Bd. of Realtors, 4 P.3d 197 (Wyo. 2000). “Wyo. Stat. Ann. § 1-36-114 provides: (a) Upon application of a party the court shall vacate an award where: '() The award was procured by corruption, fraud or other undue means; (ii) There was evident partiality by an arbitrator appointed as a neutral, corruption of any of the…”
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