Application for Setting Aside as Exclusive Recourse Against

Arbitral Award.

(a)This Section only applies where the place of the arbitration is Guam and neither the Federal Arbitration Act nor the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards apply.

(b)In any of the following cases the court may make an order vacating the award upon the application of any party to the arbitration:

(1)where the award was procured by corruption, fraud, or undue means;

(2)where there was evident partiality or corruption in the arbitrators, or either of them;

(3)where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence that is pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or

(4)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.

(c)If 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.

(1)If an award is vacated because of a violation of

(b)

(2)or

(3)above, the court shall direct a rehearing by the arbitrator or arbitrators COL412014 CH. 42A GUAM INTERNATIONAL ARBITRATION found not to be in violation of

(b)

(2)or

(3)and the additional arbitrator or arbitrators shall be selected or appointed pursuant to Article III of this Chapter.

(d)Notice of a motion to vacate an award must be served upon the adverse party or his attorney within three months after the award is filed or delivered. If the adverse party is a resident of Guam, such service shall be made upon the adverse party or his attorney as prescribed by law for service of notice of motion in an action in the same court. If the adverse party shall be a nonresident, then the notice of the application shall be served in like manner as other process of the court. For the purposes of the motion, any judge who might make an order to stay the proceedings in an action brought in the same court may make an order, to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award.

(e)The court, when asked to set aside an award, may, where appropriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as, in the arbitral tribunal’s opinion, will eliminate the grounds for setting aside.