Senate Bill No. 65
(By Senators Ross, Anderson, Love and Sharpe)
____________
[Introduced January 9, 2002; referred to the Committee
on the Judiciary.]
____________
A BILL to amend and reenact article ten, chapter fifty-five of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to arbitration cases;
definitions; application and effect of arbitration;
compelling and staying arbitration; consolidating separate
proceedings; appointing arbitrator; process; witnesses;
award and its enforcement; and other judicial relief.
Be it enacted by the Legislature of West Virginia:
That article ten, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 10. ARBITRATION.
§55-10-1. Definitions.
In this article:
(1) "Arbitration organization" means an association, agency,
board, commission or other entity that is neutral and initiates,
sponsors or administers an arbitration proceeding or is involved
in the appointment of an arbitrator.
(2) "Arbitrator" means an individual appointed to render an
award, alone or with others, in a controversy that is subject to
an agreement to arbitrate.
(3) "Court" means a circuit court in this state.
(4) "Knowledge" means actual knowledge.
(5) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, government; governmental
subdivision, agency or instrumentality; public corporation; or
any other legal or commercial entity.
(6) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
§55-10-2. Notice.
(a) Except as otherwise provided in this article, a person
gives notice to another person by taking action that is
reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of
the notice.
(b) A person has notice if the person has knowledge of the
notice or has received notice.
(c) A person receives notice when it comes to the person's
attention or the notice is delivered at the person's place of
residence or place of business, or at another location held out
by the person as a place of delivery of such communications.
§55-10-3. When article applies.
(a) This article governs an agreement to arbitrate made on
or after the first day of July, two thousand two.
(b) This article governs an agreement to arbitrate made
before the first day of July, two thousand two if all the
parties to the agreement or to the arbitration proceeding so
agree in a record.
(c) On or after the first day of July, two thousand two,
this article governs an agreement to arbitrate whenever made.
§55-10-4. Effect of agreement to arbitrate; nonwaivable
provisions.
(a) Except as otherwise provided in subsections (b) and (c),
a party to an agreement to arbitrate or to an arbitration
proceeding may waive or, the parties may vary the effect of, the requirements of this article to the extent permitted by law.
(b) Before a controversy arises that is subject to an
agreement to arbitrate, a party to the agreement may not:
(1) Waive or agree to vary the effect of the requirements
of subsection (a), section five; subsection (a), section six;
section eight; subsections (a) and (b), section seventeen;
section twenty-six or twenty-eight;
(2) Agree to unreasonably restrict the right under section
nine to notice of the initiation of an arbitration proceeding;
(3) Agree to unreasonably restrict the right under section
twelve to disclosure of any facts by a neutral arbitrator; or
(4) Waive the right under section sixteen of a party to an
agreement to arbitrate to be represented by a lawyer at any
proceeding or hearing under this article, but an employer and a
labor organization may waive the right to representation by a
lawyer in a labor arbitration.
(c) A party to an agreement to arbitrate or arbitration
proceeding may not waive, or the parties may not vary the effect
of the requirements of this section or subsection (a) or (c),
section three; section seven, fourteen or eighteen; subsection
(c) or (d), section twenty; section twenty-two, twenty-three or
twenty-four; subsection (a) or (b), section twenty-five; section twenty-nine, thirty, thirty-one or thirty-two.
§55-10-5. Application for judicial relief.
(a) Except as otherwise provided in section twenty-eight,
an application for judicial relief under this article must be
made by motion to the court and heard in accordance with the
rules of civil procedure governing motions.
(b) Unless a civil action involving the agreement to
arbitrate is pending, notice of an initial motion to the court
under this article must be served in the manner provided by law
for the service of a summons in a civil action. Otherwise,
notice of the motion must be given in the manner provided by the
rules of civil procedure for serving motions in pending cases.
§55-10-6. Validity of agreement to arbitrate.
(a) An agreement contained in a record to submit to
arbitration any existing or subsequent controversy arising
between the parties to the agreement is valid, enforceable, and
irrevocable except upon a ground that exists at law or in equity
for the revocation of a contract.
(b) The court shall decide whether an agreement to arbitrate
exists or a controversy is subject to an agreement to arbitrate.
(c) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract
containing a valid agreement to arbitrate is enforceable.
(d) If a party to a judicial proceeding challenges the
existence of, or claims that a controversy is not subject to, an
agreement to arbitrate, the arbitration proceeding may continue
pending final resolution of the issue by the court, unless the
court otherwise orders.
§55-10-7. Motion to compel or stay arbitration.
(a) On motion of a person showing an agreement to arbitrate
and alleging another person's refusal to arbitrate pursuant to
the agreement:
(1) If the refusing party does not appear or does not oppose
the motion, the court shall order the parties to arbitrate; and
(2) If the refusing party opposes the motion, the court
shall proceed summarily to decide the issue and order the
parties to arbitrate unless it finds that there is no
enforceable agreement to arbitrate.
(b) On motion of a person alleging that an arbitration
proceeding has been initiated or threatened but that there is no
agreement to arbitrate, the court shall proceed summarily to
decide the issue. If the court finds that there is an
enforceable agreement to arbitrate, it shall order the parties to arbitrate.
(c) If the court finds that there is no enforceable
agreement, it may not pursuant to subsection (a) or (b) of this
section order the parties to arbitrate.
(d) The court may not refuse to order arbitration because
the claim subject to arbitration lacks merit or grounds for the
claim have not been established.
(e) If a proceeding involving a claim referable to
arbitration under an alleged agreement to arbitrate is pending
in court, a motion under this section must be made in that
court. Otherwise a motion under this section may be made in any
court as provided in section twenty-seven.
(f) If a party makes a motion to the court to order
arbitration, the court on just terms shall stay any judicial
proceeding that involves a claim alleged to be subject to the
arbitration until the court renders a final decision under this
section.
(g) If the court orders arbitration, the court on just terms
shall stay any judicial proceeding that involves a claim subject
to the arbitration. If a claim subject to the arbitration is
severable, the court may limit the stay to that claim.
§55-10-8. Provisional remedies.
(a) Before an arbitrator is appointed and is authorized and
able to act, the court, upon motion of a party to an arbitration
proceeding and for good cause shown, may enter an order for
provisional remedies to protect the effectiveness of the
arbitration proceeding to the same extent and under the same
conditions as if the controversy were the subject of a civil
action.
(b) After an arbitrator is appointed and is authorized and
able to act:
(1) The arbitrator may issue such orders for provisional
remedies, including interim awards, as the arbitrator finds
necessary to protect the effectiveness of the arbitration
proceeding and to promote the fair and expeditious resolution of
the controversy, to the same extent and under the same
conditions as if the controversy were the subject of a civil
action; and (2) A party to an arbitration proceeding may
move the court for a provisional remedy only if the matter is
urgent and the arbitrator is not able to act timely or the
arbitrator cannot provide an adequate remedy.
(c) A party does not waive a right of arbitration by making
a motion under subsection (a) or (b) of this section.
§55-10-9. Initiation of arbitration.
(a) A person initiates an arbitration proceeding by giving
notice in a record to the other parties to the agreement to
arbitrate in the agreed manner between the parties or, in the
absence of agreement, by certified or registered mail, return
receipt requested and obtained, or by service as authorized for
the commencement of a civil action. The notice must describe
the nature of the controversy and the remedy sought.
(b) Unless a person objects for lack or insufficiency of
notice under subsection (c), section fifteen of this article,
not later than the beginning of the arbitration hearing, the
person by appearing at the hearing waives any objection to lack
of or insufficiency of notice.
§55-10-10. Consolidation of separate arbitration proceedings.
(a) Except as otherwise provided in subsection (c) of this
section, upon motion of a party to an agreement to arbitrate or
to an arbitration proceeding, the court may order consolidation
of separate arbitration proceedings as to all or some of the
claims if:
(1) There are separate agreements to arbitrate or separate
arbitration proceedings between the same persons or one of them
is a party to a separate agreement to arbitrate or a separate
arbitration proceeding with a third person;
(2) The claims subject to the agreements to arbitrate arise
in substantial part from the same transaction or series of
related transactions;
(3) The existence of a common issue of law or fact creates
the possibility of conflicting decisions in the separate
arbitration proceedings; and
(4) Prejudice resulting from a failure to consolidate is not
outweighed by the risk of undue delay or prejudice to the rights
of or hardship to parties opposing consolidation.
(b) The court may order consolidation of separate
arbitration proceedings as to some claims and allow other claims
to be resolved in separate arbitration proceedings.
(c) The court may not order consolidation of the claims of
a party to an agreement to arbitrate if the agreement prohibits
consolidation.
§55-10-11. Appointment of arbitrator; service as a neutral
arbitrator.
(a) If the parties to an agreement to arbitrate agree on a
method for appointing an arbitrator, that method must be
followed, unless the method fails. If the parties have not
agreed on a method, the agreed method fails, or an arbitrator
appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration
proceeding, shall appoint the arbitrator. An arbitrator so
appointed has all the powers of an arbitrator designated in the
agreement to arbitrate or appointed pursuant to the agreed
method.
(b) An individual who has a known, direct and material
interest in the outcome of the arbitration proceeding or a
known, existing and substantial relationship with a party may
not serve as an arbitrator required by an agreement to be
neutral.
§55-10-12. Disclosure by arbitrator.
(a) Before accepting appointment, an individual who is
requested to serve as an arbitrator, after making a reasonable
inquiry, shall disclose to all parties to the agreement to
arbitrate and arbitration proceeding and to any other
arbitrators any known facts that a reasonable person would
consider likely to affect the impartiality of the arbitrator in
the arbitration proceeding, including:
(1) A financial or personal interest in the outcome of the
arbitration proceeding; and
(2) An existing or past relationship with any of the parties
to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness, or another
arbitrator.
(b) An arbitrator has a continuing obligation to disclose
to all parties to the agreement to arbitrate and arbitration
proceeding and to any other arbitrators any facts that the
arbitrator learns after accepting appointment which a reasonable
person would consider likely to affect the impartiality of the
arbitrator.
(c) If an arbitrator discloses a fact required by subsection
(a) or (b) of this section to be disclosed and a party timely
objects to the appointment or continued service of the
arbitrator based upon the fact disclosed, the objection may be
a ground under subdivision (2), subsection (a) of section
twenty-three for vacating an award made by the arbitrator.
(d) If the arbitrator did not disclose a fact as required
by subsection (a) or (b) of this section, upon timely objection
by a party, the court under subdivision (2)
, subsection (a) of
section twenty-three may vacate an award.
(e) An arbitrator appointed as a neutral arbitrator who does
not disclose a known, direct, and material interest in the
outcome of the arbitration proceeding or a known, existing, and
substantial relationship with a party is presumed to act with evident partiality under subdivision (2)
, subsection (a) of
section twenty-three.
(f) If the parties to an arbitration proceeding agree to the
procedures of an arbitration organization or any other
procedures for challenges to arbitrators before an award is
made, substantial compliance with those procedures is a
condition precedent to a motion to vacate an award on that
ground under subdivision (2), subsection (a) of section twenty-
three.
§55-10-13. Action by majority.
If there is more than one arbitrator, the powers of an
arbitrator must be exercised by a majority of the arbitrators,
but all of them shall conduct the hearing under subsection (c)
of section fifteen.
§55-10-14. Immunity of arbitrator; competency to testify;
attorney's fees and costs.
(a) An arbitrator or an arbitration organization acting in
that capacity is immune from civil liability to the same extent
as a judge of a court of this state acting in a judicial
capacity.
(b) The immunity afforded by this section supplements any
immunity under other law.
(c) The failure of an arbitrator to make a disclosure
required by section twelve does not cause any loss of immunity
under this section.
(d) In a judicial, administrative, or similar proceeding,
an arbitrator or representative of an arbitration organization
is not competent to testify, and may not be required to produce
records as to any statement, conduct, decision, or ruling
occurring during the arbitration proceeding, to the same extent
as a judge of a court of this state acting in a judicial
capacity. This subsection does not apply:
(1) To the extent necessary to determine the claim of an
arbitrator, arbitration organization, or representative of the
arbitration organization against a party to the arbitration
proceeding; or
(2) To a hearing on a motion to vacate an award under
subdivision (1) or (2)
, subsection (a) of section twenty-three
if the movant establishes prima facie that a ground for vacating
the award exists.
(e) If a person commences a civil action against an
arbitrator, arbitration organization, or representative of an
arbitration organization arising from the services of the
arbitrator, organization, or representative or if a person seeks to compel an arbitrator or a representative of an arbitration
organization to testify or produce records in violation of
subsection (d) of this section, and the court decides that the
arbitrator, arbitration organization, or representative of an
arbitration organization is immune from civil liability or that
the arbitrator or representative of the organization is not
competent to testify, the court shall award to the arbitrator,
organization, or representative reasonable attorney's fees and
other reasonable expenses of litigation.
§55-10-15. Arbitration process.
(a) An arbitrator may conduct an arbitration in such manner
as the arbitrator considers appropriate for a fair and
expeditious disposition of the proceeding. The authority
conferred upon the arbitrator includes the power to hold
conferences with the parties to the arbitration proceeding
before the hearing and, among other matters, determine the
admissibility, relevance, materiality and weight of any
evidence.
(b) An arbitrator may decide a request for summary
disposition of a claim or particular issue:
(1) If all interested parties agree; or
(2) Upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the
proceeding, and the other parties have a reasonable opportunity
to respond.
(c) If an arbitrator orders a hearing, the arbitrator shall
set a time and place and give notice of the hearing not less
than five days before the hearing begins. Unless a party to the
arbitration proceeding makes an objection to lack or
insufficiency of notice not later than the beginning of the
hearing, the party's appearance at the hearing waives the
objection. Upon request of a party to the arbitration
proceeding and for good cause shown, or upon the arbitrator's
own initiative, the arbitrator may adjourn the hearing from time
to time as necessary but may not postpone the hearing to a time
later than that fixed by the agreement to arbitrate for making
the award unless the parties to the arbitration proceeding
consent to a later date. The arbitrator may hear and decide the
controversy upon the evidence produced although a party who was
duly notified of the arbitration proceeding did not appear. The
court, on request, may direct the arbitrator to conduct the
hearing promptly and render a timely decision.
(d) At a hearing under subsection (c) of this section, a
party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to
cross-examine witnesses appearing at the hearing.
(e) If an arbitrator ceases or is unable to act during the
arbitration proceeding, a replacement arbitrator must be
appointed in accordance with section eleven to continue the
proceeding and to resolve the controversy.
§55-10-16. Representation by lawyer.
A party to an arbitration proceeding may be represented by
a lawyer.
§55-10-17. Witnesses; subpoenas; depositions; discovery.
(a) An arbitrator may issue a subpoena for the attendance
of a witness and for the production of records and other
evidence at any hearing and may administer oaths. A subpoena
must be served in the manner for service of subpoenas in a civil
action and, upon motion to the court by a party to the
arbitration proceeding or the arbitrator, enforced in the manner
for enforcement of subpoenas in a civil action.
(b) In order to make the proceedings fair, expeditious, and
cost effective, upon request of a party to or a witness in an
arbitration proceeding, an arbitrator may permit a deposition of
any witness to be taken for use as evidence at the hearing,
including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions
under which the deposition is taken.
(c) An arbitrator may permit such discovery as the
arbitrator decides is appropriate in the circumstances, taking
into account the needs of the parties to the arbitration
proceeding and other affected persons and the desirability of
making the proceeding fair, expeditious and cost effective.
(d) If an arbitrator permits discovery under subsection (c)
of this section, the arbitrator may order a party to the
arbitration proceeding to comply with the arbitrator's
discovery-related orders, issue subpoenas for the attendance of
a witness and for the production of records and other evidence
at a discovery proceeding, and take action against a
noncomplying party to the extent a court could if the
controversy were the subject of a civil action in this state.
(e) An arbitrator may issue a protective order to prevent
the disclosure of privileged information, confidential
information, trade secrets, and other information protected from
disclosure to the extent a court could if the controversy were
the subject of a civil action in this state.
(f) All laws compelling a person under subpoena to testify
and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an arbitration
proceeding as if the controversy were the subject of a civil
action in this state.
(g) The court may enforce a subpoena or discovery-related
order for the attendance of a witness within this state and for
the production of records and other evidence issued by an
arbitrator in connection with an arbitration proceeding in
another state upon conditions determined by the court so as to
make the arbitration proceeding fair, expeditious, and cost
effective. A subpoena or discovery-related order issued by an
arbitrator in another state must be served in the manner
provided by law for service of subpoenas in a civil action in
this state and, upon motion to the court by a party to the
arbitration proceeding or the arbitrator, enforced in the manner
provided by law for enforcement of subpoenas in a civil action
in this state.
§55-10-18. Judicial enforcement of preaward ruling by
arbitrator.
If an arbitrator makes a preaward ruling in favor of a party
to the arbitration proceeding, the party may request the
arbitrator to incorporate the ruling into an award under section
nineteen. A prevailing party may make a motion to the court for an expedited order to confirm the award under section twenty-
two, in which case the court shall summarily decide the motion.
The court shall issue an order to confirm the award unless the
court vacates, modifies, or corrects the award under section
twenty-three or twenty-four.
§55-10-19. Award.
(a) An arbitrator shall make a record of an award. The
record must be signed or otherwise authenticated by any
arbitrator who concurs with the award. The arbitrator or the
arbitration organization shall give notice of the award,
including a copy of the award, to each party to the arbitration
proceeding.
(b) An award must be made within the time specified by the
agreement to arbitrate or, if not specified therein, within the
time ordered by the court. The court may extend or the parties
to the arbitration proceeding may agree in a record to extend
the time. The court or the parties may do so within or after
the time specified or ordered. A party waives any objection
that an award was not timely made unless the party gives notice
of the objection to the arbitrator before receiving notice of
the award.
§55-10-20. Change of award by arbitrator.
(a) On motion to an arbitrator by a party to an arbitration
proceeding, the arbitrator may modify or correct an award:
(1) Upon a ground stated in subdivision (1) or (3),
subsection (a)
of section twenty-four;
(2) Because the arbitrator has not made a final and definite
award upon a claim submitted by the parties to the arbitration
proceeding; or
(3) To clarify the award.
(b) A motion under subsection (a) of this section must be
made and notice given to all parties within twenty days after
the movant receives notice of the award.
(c) A party to the arbitration proceeding must give notice
of any objection to the motion within ten days after receipt of
the notice.
(d) If a motion to the court is pending under section
twenty-two, twenty-three or twenty-four, the court may submit
the claim to the arbitrator to consider whether to modify or
correct the award:
(1) Upon a ground stated in subdivision (1) or (3),
subsection (a)
of section twenty-four;
(2) Because the arbitrator has not made a final and definite
award upon a claim submitted by the parties to the arbitration proceeding; or
(3) To clarify the award.
(e) An award modified or corrected pursuant to this section
is subject to subsection (a), section nineteen, twenty-two,
twenty-three and twenty-four of this article.
§55-10-21. Remedies; fees and expenses of arbitration
proceeding.
(a) An arbitrator may award punitive damages or other
exemplary relief if such an award is authorized by law in a
civil action involving the same claim and the evidence produced
at the hearing justifies the award under the legal standards
otherwise applicable to the claim.
(b) An arbitrator may award reasonable attorney's fees and
other reasonable expenses of arbitration if such an award is
authorized by law in a civil action involving the same claim or
by the agreement of the parties to the arbitration proceeding.
(c) As to all remedies other than those authorized by
subsections (a) and (b) of this section, an arbitrator may order
such remedies as the arbitrator considers just and appropriate
under the circumstances of the arbitration proceeding. The fact
that such a remedy could not or would not be granted by the
court is not a ground for refusing to confirm an award under section twenty-two or for vacating an award under section
twenty-three of this article.
(d) An arbitrator's expenses and fees, together with other
expenses, must be paid as provided in the award.
(e) If an arbitrator awards punitive damages or other
exemplary relief under subsection (a) of this section, the
arbitrator shall specify in the award the basis in fact
justifying and the basis in law authorizing the award and state
separately the amount of the punitive damages or other exemplary
relief.
§55-10-22. Confirmation of award.
After a party to an arbitration proceeding receives notice
of an award, the party may make a motion to the court for an
order confirming the award at which time the court shall issue
a confirming order unless the award is modified or corrected
pursuant to section twenty or twenty-four, or is vacated
pursuant to section twenty-three of this article.
§55-10-23. Vacating award.
(a) Upon motion to the court by a party to an arbitration
proceeding, the court shall vacate an award made in the
arbitration proceeding if:
(1) The award was procured by corruption, fraud or other undue means;
(2) There was:
(A) Evident partiality by an arbitrator appointed as a
neutral arbitrator;
(B) Corruption by an arbitrator; or
(C) Misconduct by an arbitrator prejudicing the rights of
a party to the arbitration proceeding;
(3) An arbitrator refused to postpone the hearing upon
showing of sufficient cause for postponement, refused to
consider evidence material to the controversy, or otherwise
conducted the hearing contrary to section fifteen, so as to
prejudice substantially the rights of a party to the arbitration
proceeding;
(4) An arbitrator exceeded the arbitrator's powers;
(5) There was no agreement to arbitrate, unless the person
participated in the arbitration proceeding without raising the
objection under subsection (c) of section fifteen, not later
than the beginning of the arbitration hearing; or
(6) The arbitration was conducted without proper notice of
the initiation of an arbitration as required in section nine, so
as to prejudice substantially the rights of a party to the
arbitration proceeding.
(b) A motion under this section must be filed within ninety
days after the movant receives notice of the award pursuant to
section nineteen, or within ninety days after the movant
receives notice of a modified or corrected award pursuant to
section twenty, unless the movant alleges that the award was
procured by corruption, fraud or other undue means, in which
case the motion must be made within ninety days after the ground
is known or by the exercise of reasonable care would have been
known by the movant.
(c) If the court vacates an award on a ground other than
that set forth in subdivision (5),
subsection (a) of this
section, it may order a rehearing. If the award is vacated on
a ground stated in subdivision (1) or (2), subsection (a) of
this section,
the rehearing must be before a new arbitrator. If
the award is vacated on a ground stated in subdivision (3), (4)
or (6), subsection (a) of this section
, the rehearing may be
before the arbitrator who made the award or the arbitrator's
successor. The arbitrator must render the decision in the
rehearing within the same time as that provided in subsection
(b) of section nineteen for an award.
(d) If the court denies a motion to vacate an award, it
shall confirm the award unless a motion to modify or correct the award is pending.
§55-10-24. Modification or correction of award.
(a) Upon motion made within ninety days after the movant
receives notice of the award pursuant to section nineteen or
within ninety days after the movant receives notice of a
modified or corrected award pursuant to section twenty, the
court shall modify or correct the award if:
(1) There was an evident mathematical miscalculation or an
evident mistake in the description of a person, thing or
property referred to in the award;
(2) The arbitrator has made an award on a claim not
submitted to the arbitrator and the award may be corrected
without affecting the merits of the decision upon the claims
submitted; or
(3) The award is imperfect in a matter of form not affecting
the merits of the decision on the claims submitted.
(b) If a motion made under subsection (a) of this section
is granted, the court shall modify or correct and confirm the
award as modified or corrected. Otherwise, unless a motion to
vacate is pending, the court shall confirm the award.
(c) A motion to modify or correct an award pursuant to this
section may be joined with a motion to vacate the award.
§55-10-25. Judgment on award; attorney's fees and litigation
expenses.
(a) Upon granting an order confirming, vacating without
directing a rehearing, modifying or correcting an award, the
court shall enter a judgment in conformity therewith. The
judgment may be recorded, docketed, and enforced as any other
judgment in a civil action.
(b) A court may allow reasonable costs of the motion and
subsequent judicial proceedings.
(c) On application of a prevailing party to a contested
judicial proceeding under section twenty-two, twenty-three or
twenty-four of this article, the court may add reasonable
attorney's fees and other reasonable expenses of litigation
incurred in a judicial proceeding after the award is made to a
judgment confirming, vacating without directing a rehearing,
modifying or correcting an award.
§55-10-26. Jurisdiction.
(a) A court of this state having jurisdiction over the
controversy and the parties may enforce an agreement to
arbitrate.
(b) An agreement to arbitrate providing for arbitration in
this state confers exclusive jurisdiction on the court to enter judgment on an award under this article.
§55-10-27. Venue.
A motion pursuant to section five must be made in the
circuit court of the county in which the agreement to arbitrate
specifies the arbitration hearing is to be held or, if the
hearing has been held, in the circuit court of the county in
which it was held. Otherwise, the motion may be made in the
court of any county in which an adverse party resides or has a
place of business or, if no adverse party has a residence or
place of business in this state, in the circuit court of any
county in this state. All subsequent motions must be made in
the court hearing the initial motion unless the court otherwise
directs.
§55-10-28. Appeals.
(a) An appeal may be taken from:
(1) An order denying a motion to compel arbitration;
(2) An order granting a motion to stay arbitration;
(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 final judgment entered pursuant to this article.
(b) An appeal under this section must be taken as from an
order or a judgment in a civil action.
§55-10-29. Uniformity of application and construction.
In applying and construing this uniform act, consideration
must be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
§55-10-30. Electronic signatures in global and national
commerce act.
The provisions of this article governing the legal effect,
validity, or enforceability of electronic records or signatures,
and of contracts formed or performed with the use of such
records or signatures conform to the requirements of Section 102
of the Electronic Signatures in Global and National Commerce
Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede,
modify and limit the Electronic Signatures in Global and
National Commerce Act.
§55-10-31. Effective date.
This article takes effect on the first day of July, two
thousand two.
§55-10-32. Savings clause.
This article does not affect an action or proceeding
commenced or right accrued before this article takes effect.
NOTE: The purpose of this bill is to create a new
arbitration mechanism.
This article has been completely rewritten; therefore,
strike-throughs and underscoring have been omitted.