J. MILLARD TAWES, Governor                      247

(1)    The award was procured by corruption, fraud or other undue
means;

(2)    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;

(3)    The arbitrators exceeded their powers;

(4) The arbitrators refused to postpone the hearing upon suf-
ficient cause being shown therefor or refused to hear evidence
material to the controversy or otherwise so conducted the hearing,
contrary to the provisions of Section 5, as to prejudice substantially
the rights of a party; or

(5) There was no arbitration agreement as described in Section 1
and the issue was not adversely determined in proceedings under
Section 2 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 of law or equity is not ground for vacating
or refusing to confirm the award.

(b)    An application under this section shall be made within ninety
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 days after such grounds are known or
should have been known.

(c)    In vacating the award on grounds other than stated in para-
graph (5) of subsection (a) 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 Section 3, or, if
the award is vacated on grounds set forth in paragraphs (3) and (4)
of subsection (a) the court may order a rehearing before the arbi-
trators who made the award or their successors appointed in accord-
ance with Section 3. 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 or at a time specified by the court.

(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.

13.

(a) Upon application made within ninety days after delivery of
a copy of the award to the applicant, the court shall modify or correct
the award where:

(1)    There was an evident miscalculation of figures or an evident
mistake in the description of any person, thing or property referred
to in the award;

(2)    The arbitrators have awarded upon a matter not submitted
to them and the award may be corrected without affecting the merits
of the decision upon the issues submitted; or

(3)    The award is imperfect in a matter of form, not affecting the
merits of the controversy.