500

LAWS OF MARYLAND

Ch. 235

3-2A06. JUDICIAL REVIEW.

(A)          A PARTY MAY REJECT AN AWARD FOR ANY REASON. A
NOTICE OF REJECTION MUST BE FILED WITH THE ARBITRATION
PANEL AND SERVED ON THE OTHER PARTIES OR THEIR COUNSEL
WITHIN [[30]] 90 DAYS AFTER THE AWARD IS SERVED UPON THE
REJECTING PARTY, OR, IF A TIMELY APPLICATION FOR
MODIFICATION OR CORRECTION HAS BEEN FILED WITHIN 30 DAYS
AFTER A DISPOSITION OF THE APPLICATION BY THE PANEL.

(B)         [[WITHIN 30 DAYS AFTER TIMELY]] AT OR BEFORE
THE TIME SPECIFIED IN SUBSECTION (A) FOR FILING AND
SERVING A NOTICE OF REJECTION, THE PARTY REJECTING THE
AWARD [[MAY]] SHALL FILE AN ACTION IN COURT TO NULLIFY
THE AWARD.           FAILURE TO FILE THIS ACTION TIMELY SHALL

CONSTITUTE A WITHDRAWAL OF THE NOTICE OF REJECTION.

SUBJECT TO THE PROVISIONS OF SUBSECTION         (C),        THE

PROCEDURES APPLICABLE TO THE ACTION INCLUDING THE FORM
AND NECESSARY ALLEGATIONS IN THE INITIAL PLEADING, SHALL
BE GOVERNED BY THE MARYLAND RULES. IF ANY PARTY TO THE
PROCEEDING ELECTS TO HAVE THE CASE TRIED BY A JURY IN
ACCORDANCE WITH THE MARYLAND RULES, IT SHALL BE TRIED BY
A JURY. OTHERWISE, THE CASE SHALL BE TRIED BY A JUDGE.

(C)          AN ALLEGATION THAT AN AWARD IS IMPROPER
BECAUSE OF ANY GROUND STATED IN §3-223(B) OR
§3-224(B)(1), (2), (3), OR (4) OF THIS ARTICLE SHALL BE
MADE BY PRELIMINARY MOTION, AND SHALL BE DETERMINED BY
THE COURT WITHOUT A JURY PRIOR TO TRIAL.        FAILURE TO
RAISE SUCH A DEFENSE BY PRE-TRIAL PRELIMINARY MOTION
SHALL CONSTITUTE A WAIVER OF IT. IF THE COURT FINDS
THAT A CONDITION STATED IN §3-223 (B) EXISTS, IT SHALL
MODIFY OR CORRECT THE AWARD. IF THE REJECTING PARTY
STILL DESIRES TO PROCEED WITH JUDICIAL REVIEW, THE
MODIFIED OR CORRECTED AWARD SHALL BE SUBSTITUTED FOR THE
ORIGINAL AWARD. IF THE COURT FINDS THAT A CONDITION
STATED IN §3-224(B) (1), (2), (3), OR (4) EXISTS, IT SHALL
VACATE THE AWARD, AND TRIAL OF THE CASE SHALL PROCEED AS
IF THERE HAD BEEN NO AWARD.

(D)          UNLESS VACATED BY THE COURT PURSUANT TO
SUBSECTION (C), THE ARBITRATION AWARD IS ADMISSIBLE AS
EVIDENCE IN THE JUDICIAL PROCEEDING. THE AWARD SHALL BE
PRESUMED TO BE CORRECT, AND THE BURDEN IS ON THE PARTY
REJECTING IT TO PROVE THAT IT IS NOT CORRECT.

(E)         IF THE VERDICT OF THE TRIER OF FACT IS NOT
MORE FAVORABLE TO THE PARTY THAT REJECTED THE ARBITRATION
PANEL'S AWARD, THAN WAS THE AWARD, THE COSTS OF THE
JUDICIAL PROCEEDINGS SHALL BE ASSESSED AGAINST THE
REJECTING PARTY. OTHERWISE, THE COURT MAY DETERMINE THE
ASSESSMENT OF SUCH COSTS.

(F)          VENUE SHALL BE DETERMINED IN ACCORDANCE WITH
THE PROVISIONS OF SECTION 6-201 OF THIS ARTICLE.

3-2A07. COUNSEL FEES.