The Uniform Arbitration Act Table of Contents n INTRODUCTION n SECTION 1. [Validity of Arbitration Agreement.] n SECTION 2. [Proceedings to Compel or Stay Arbitration .] n SECTION 3. [Appointment of Arbitrators by Court.] n SECTION 4. [Majority Action by Arbitrators.] n SECTION 5. [Hearing.] n SECTION 6. [Representation by Attorney.] n SECTION 7. [Witnesses Subpoenas Depositions.] n SECTION 8. [Award.] n SECTION 9. [Change of Award by Arbitrators.] n SECTION 10. [Fees Expenses of Arbitration.] n SECTION 11. [Confirmation of an Award.] n SECTION 12. [Vacating an Award.] n SECTION 13. [Modification or Correction of Award.] n SECTION 14. [Judgment or Decree on Award.] n SECTION 15. [Judgment Roll Docketing.] n SECTION 16. [Applications to Court.] n SECTION 17. [Court Jurisdiction.] n SECTION 18. [Venue.] n SECTION 19. [Appeals.] n SECTION 20. [Act Not Retroactive.] n SECTION 21. [Uniformity of Interpretation.] n SECTION 22. [Constitutionality.] n SECTION 23. [Short Title.] n SECTION 24. [Repeal.] n SECTION 25. [Time of Taking Effect.]Introduction The text of the Uniform Arbitration Act (adopted by the National Conference of Commissioners on Uniform State Laws in 1955 amended in 1956 approved by the House of Delegates of the American Bar Association on August 25 1955 Au-gust 30 1956) has been reprinted by the American Arbitration Association in a convenient form for the assistance of legislators lawyers others who wish to improve the arbitration legislation in their own states. As in the original printed version brackets enclose language that the commissioners suggest be used by states desiring to do so. Many agreements to arbitrate are specifically enforceable under the Federal Arbitration Act under modern arbitration laws similar in content to the uniform act. In 48 states the District of Columbia Puerto Rico the general advantage of such modern laws is that they make possible the use of future-dispute arbitration clauses in a wide variety of contracts. Modern arbitration laws include minimum stards of procedure rules for confirming awards in court invalidating awards on limited grounds. They establish procedures by which court actions in violation of agreements to arbitrate may be stayed. The effect of modern arbitration statutes is to endow agreements to arbitrate with the same legal protections that other private agreements; thus enabling arbitration to be an effective tool for the legal profession. A list of citations to general arbitration statutes can be viewed here.. It should be noted that some of these laws vary the uniform act. The American Arbitration Association serves as a source of information on proposed arbitration legislation. Inquiries should be directed to any of the regional offices or to the General Counsel of the Association in New York. ACT RELATING TO ARBITRATION AND TO MAKE UNIFORM THE LAW WITH REFERENCE THERETO SECTION 1. [Validity of Arbitration Agreement.] A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid enforceable irrevocable save upon such grounds as exist at law or in equity for the revocation of any contract. This act also applies to arbitration agreements between employers employees or between their respective representatives [unless otherwise provided in the agreement]. SECTION 2. [Proceedings to Compel or Stay Arbitration .] · a) On application of a party showing an agreement described in Section 1 the opposing party’s refusal to arbitrate the Court shall order the parties to proceed with arbitration but if the opposing party denies the existence of the agreement to arbitrate the Court shall proceed summarily to the determination of the issue so raised shall order arbitration if found for the moving party otherwise the application shall be denied. · b) On application the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue when in substantial bona fide dispute shall be forthwith summarily tried the stay ordered if found for the moving party. If found for the opposing party the court shall order the parties to proceed to arbitration. · c) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subdivision (a) of this Section the application shall be made therein. Otherwise subject to Section 18 the application may be made in any court of competent jurisdiction. · d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or if the issue is severable the stay may be with respect thereto only. When the application is made in such action or proceeding the order for arbitration shall include such stay. · e) An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bonafides or because any fault or grounds for the claim sought to be arbitrated have not be shown. SECTION 3. [Appointment of Arbitrators by Court.] If the arbitration agreement provides a method of appointment of arbitrators this method shall be followed. In the absence thereof or if the agreed method fails or for any reason cannot be followed or when an arbitrator appointed fails or is unable to act his successor has not been duly appointed the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement. SECTION 4. [Majority Action by Arbitrators .] The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this act. SECTION 5. [Hearing.] Unless otherwise provided by the agreement: · a) The arbitrators shall appoint a time place for the hearing cause notification to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing time to time as necessary on request of a party for good cause or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear determine the controversy upon the evidence produced notwithsting the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing determination of the controversy. · b) The parties are entitled to be heard to present evidence material to the controversy to cross-examine witnesses appearing at the hearing. · c) The hearing shall be conducted by all the arbitrators but a majority may determine any question render a final award. If during the course of the hearing an arbitrator for any reason ceases to act the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing determination of the controversy. SECTION 6. [Representation by Attorney .] A party has the right to be represented by an attorney at any proceeding or hearing under this act. A waiver thereof prior to the proceeding or hearing is ineffective. SECTION 7. [Witnesses Subpoenas Depositions.] · a) The arbitrators may issue (cause to be issued) subpoenas for the attendance of witnesses for the production of books records documents other evidence shall have the power to administer oaths. Subpoenas so issued shall be served upon application to the Court by a party or the arbitrators enforced in the manner provided by law for the service enforcement of subpoenas in a civil action. · b) On application of a party for use as evidence the arbitrators may permit a deposition to be taken in the manner upon the terms designated by the arbitrators of a witness who cannot be subpoenaed or is unable to attend the hearing. · c) All provisions of law compelling a person under subpoena to testify are applicable. · d) Fees for attendance as a witness shall be the same as for a witness in the ________________________ Court. SECTION 8. [Award.] · a) The award shall be in writing signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail or as provided in the agreement. · b) An award shall be made within the time fixed therefor by the agreement or if not so fixed within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him. SECTION 9. [Change of Award by Arbitrators .] On application of a party or if an application to the court is pending under Sections 11 12 or 13 on submission to the arbitrators by the court under such conditions as the court may order the arbitrators may modify or correct the award upon the grounds stated in paragraphs (1) (3) of subdivision (a) of Section 13 or for the purpose of clarifying the award. The application shall be made within twenty days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party stating he must serve his objections thereto if any within ten days the notice. The award so modified or corrected is subject to the provisions of Sections 1 1 12 13 . SECTION 10. [Fees Expenses of Arbitration.] Unless otherwise provided in the agreement to arbitrate the arbitrators’ expenses fees together with other expenses not including counsel fees incurred in the conduct of the arbitration shall be paid as provided in the award. SECTION 11. [Confirmation of an Award.] Upon application of a party the Court shall confirm an award unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award in which case the court shall proceed as provided in Sections 12 13 . SECTION 12. [Vacating an Award .] · a) Upon application of a party the court shall vacate an award : · (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 sufficient 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 the issue was not adversely determined in proceedings under Section 2 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 clause (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 clauses (3) (4) of Subsection (a) the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with Section 3 . The time within which the agreement requires the award to be made is applicable to the rehearing commences the date of the order. · d) If the application to vacate is denied no motion to modify or correct the award is pending the court shall confirm the award. SECTION 13. [Modification or Correction of Award.] · 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 : · (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 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. · b) If the application is granted the court shall modify correct the award so as to effect its intent shall confirm the award as so modified corrected. Otherwise the court shall confirm the award as made. · c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award. SECTION 14. [Judgment or Decree on Award.] Upon the granting of an order confirming modifying or correcting an award judgment or decree shall be entered in conformity therewith be enforced as any other judgment or decree. Costs of the application of the proceedings subsequent thereto disbursements may be awarded by the court. SECTION 15. [Judgment Roll Docketing .] · a) On entry of judgment or decree the clerk shall prepare the judgment roll consisting to the extent filed of the following: · (1) The agreement each written extension of the time within which to make the award; · (2) The award; · (3) A copy of the order confirming modifying or correcting the award; · (4) A copy of the judgment or decree. · b) The judgment or decree may be docketed as if rendered in an action. SECTION 16. [Applications to Court .] Except as otherwise provided an application to the court under this act shall be by motion shall be heard in the manner upon the notice provided by law or rule of court for the making hearing of motions. Unless the parties have agreed otherwise notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action. SECTION 17. [Court Jurisdiction .] The term "court" means any court of competent jurisdiction of this State. The making of an agreement described in Section 1 providing for arbitration in this State confers jurisdiction on the court to enforce the agreement under this Act to enter judgment on an award thereunder. SECTION 18. [Venue.] An initial application shall be made to the court of the [county] in which the agreement provides the arbitration hearing shall be held or if the hearing has been held in the county in which it was held. Otherwise the application shall be made in the [county] the adverse party resides or has a place of business or if he has no residence or place of business in this State to the court of any [county]. All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs. SECTION 19. [Appeals.] · a) An appeal may be taken : · (1) An order denying an application to compel arbitration made under Section 2 ; · (2) An order granting an application to stay arbitration made under Section 2(b) ; · (3) An order confirming or denying confirmation of an award; · (4) An order modifying or correcting an award; · (5) An order vacating an award without directing a rehearing; or · (6) A judgment or decree entered pursuant to the provisions of this act. · b) The appeal shall be taken in the manner to the same extent as orders or judgments in a civil action. SECTION 20. [Act Not Retroactive .] This act applies only to agreements made subsequent to the taking effect of this act. SECTION 21. [Uniformity of Interpretation .] This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. SECTION 22. [Constitutionality .] If any provision of this act or the application thereof to any person or circumstance is held invalid the invalidity shall not affect other provisions or applications of the act which can be given without the invalid provision or application to this end the provisions of this act are severable. SECTION 23. [Short Title.] This act may be cited as the Uniform Arbitration Act. SECTION 24. [Repeal.] All acts or parts of acts which are inconsistent with the provisions of this act are hereby repealed. SECTION 25. [Time of Taking Effect .] This act shall take effect ____________.
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