Sec. 410.121. COURT VACATING AWARD. (a) On application of an aggrieved party, a court of competent jurisdiction shall vacate an arbitrator's award on a finding that:
(1) the award was procured by corruption, fraud, or misrepresentation;
(2) the decision of the arbitrator was arbitrary and capricious; or
(3) the award was outside the jurisdiction of the division.
(b) If an award is vacated, the case shall be remanded to the division for another arbitration proceeding.
(c) A suit to vacate an award must be filed not later than the 30th day after:
(1) the date of the award; or
(2) the date the appealing party knew or should have known of a basis for suit under this section, but in no event later than 12 months after an order denying compensation or after the expiration of the income or death benefit period.
(d) Venue for a suit to vacate an award is in the county in which the arbitration was conducted.
(e) In a suit to vacate an arbitrator's award, only the court may make determinations, including findings of fact or conclusions of law.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.179, eff. September 1, 2005.
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