Issue: In Maryland, does the concealment of material evidence by a party in an arbitration provide a basis for re-opening the arbitration when an award has already been made?
| Area of Law: | Alternative Dispute Resolution |
| Keywords: | Material evidence; Concealment; Re-open arbitration |
| Jurisdiction: | Maryland |
| Cited Cases: | 298 Md. 66; 309 Md. 85; 552 F. Supp. 680; 66 F. Supp. 2d 3; 522 A.2d 931; 467 A.2d 1025 |
| Cited Statutes: | Md. Code Ann. Cts. & Jud. Proc. § 3-202, § 3-203(a)(1)-(2), § 3-205(a), § 3-205(b), §§ 3-223, -224, § 3-224(a)(2), § 3-206(a), § 3-206(b), § 3-201(b); D.C. Code Ann. § 16-4322(b); |
| Date: | 03/01/2001 |
The Maryland Uniform Arbitration Act states that an agreement providing “for arbitration under the law of the State confers jurisdiction on a court[1] to enforce the agreement and enter judgment on an arbitration award.” Md. Code Ann. Cts. & Jud. Proc. § 3-202.[2] Under the Act, an initial petition shall be filed as “provided by the agreement” or “[w]here the arbitration hearing was held.” Id. at § 3-203(a)(1)-(2). Unless otherwise provided, a petition under the Act shall be “heard in the manner and upon the notice provided for law or rule of court for the procedures when a petition is filed in an action.” Id. at § 3-205(a). Unless the parties otherwise agree, notice of the initial petition for an order is to be served “in the manner provided by law or rule of court for the service of summons in an action.” Id. at § 3-205(b). The statute governs a wide variety of issues related to arbitration, and specifies the grounds and statutory deadlines for modifying, correcting, or vacating arbitration awards. §§ 3-223, -224.
Under Maryland’s Act, a petition relating to an arbitration agreement may be filed where provided by the agreement, or in Washington, D.C.. § 3-202.
See, e.g., Int=l Technologies Integration, Inc. v. PLO, 66 F. Supp. 2d 3, 9 (D.D.C. 1999) (choice of law provisions in contracts are generally understood to incorporate substantive law). However, the issue of whether the Maryland Act’s procedural provisions, such as the thirty-day time […]