Sec. 1. This chapter applies to: (1) any controversy existing between two (2) or more parties which might be the subject of a suit at law, except as otherwise provided in section 2 of this chapter; and (2) arbitration under IC 36-4-3-21.1 concerning services provided by a municipal utility to properties located outside the corporate […]
Sec. 10. As soon as the arbitrator is ready to proceed, the parties may exhibit their proofs. All the arbitrators must meet together, and hear the allegations of the parties, but the award of a majority is valid, unless otherwise required by the submission. [Pre-1998 Recodification Citation: 34-4-1-8.] As added by P.L.1-1998, SEC.53.
Sec. 11. The award must be: (1) in writing; (2) signed by the arbitrator or arbitrators who agreed to it; and (3) attested by a subscribing witness. [Pre-1998 Recodification Citation: 34-4-1-9.] As added by P.L.1-1998, SEC.53.
Sec. 12. One (1) of the arbitrators shall deliver a true copy of the award and of the costs to: (1) each of the parties; or (2) the last usual place of residence of a party; not later than fifteen (15) days after the award is signed. [Pre-1998 Recodification Citation: 34-4-1-11.] As added by P.L.1-1998, […]
Sec. 13. If either of the parties fails or refuses to comply with the award, the other party may file the award, together with the agreement of submission, in the court named in the submission. [Pre-1998 Recodification Citation: 34-4-1-12.] As added by P.L.1-1998, SEC.53.
Sec. 14. (a) If the party seeking compliance proves the submission, the award, and that a copy of the award was duly served on the party against whom the rule is asked, the court shall: (1) enter the submission and the award as matters of record; and (2) grant a rule on the record against […]
Sec. 15. Upon the return of the rule the court shall confirm the award and render judgment upon it, unless the award is vacated, modified, or postponed, as provided in this chapter. The judgment has the same force and effect as judgments in other cases. [Pre-1998 Recodification Citation: 34-4-1-14.] As added by P.L.1-1998, SEC.53.
Sec. 16. (a) If the rule has been served ten (10) days or more on the adverse party before the time set for showing cause against the award, the court may proceed to examine and determine the rule in the adverse party’s absence. (b) If the adverse party appears, the court shall proceed to hear […]
Sec. 17. In all cases where an award is presented to any court of record for a judgment to be entered upon the award, whether the reference was made by submission of parties, or by rule of court, the adverse party may show cause against the rendition of the judgment on any of the following […]
Sec. 18. Any party to a submission may move the court to modify or correct the award in the following cases: (1) When there is an evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property referred to or mentioned in the award. (2) When the arbitrator has […]
Sec. 19. (a) The court shall hear the proofs and allegations of the parties, to invalidate and sustain the award. (b) The court shall: (1) confirm the award; (2) modify and correct the award in the cases prescribed in section 18 of this chapter so as to: (A) effect the intent of the award; and […]
Sec. 2. (a) Except as provided in subsection (b), no submission to arbitration shall be made respecting the claim of any person to any estate in fee or for life to any real estate. (b) The following controversies may be submitted to arbitration: (1) A claim to an interest in a term for years, or […]
Sec. 20. If the award is confirmed, judgment shall be given in favor of any party to whom any sum of money or damages has been awarded that the party recover the amount awarded. If the award orders any act to be done by either party; judgment shall be entered that the act be done […]
Sec. 21. (a) The costs of the proceedings in court shall be taxed as in suits. (b) If no provision for the fees and expenses of the arbitration is made in the award, the court shall make allowances for costs. (c) However, if: (1) there was a suit pending before the submission; and (2) the […]
Sec. 22. When the court enters a judgment on award that requires any party to perform any act other than the payment of money, the court has authority to enforce the performance by attachment, until the terms of the judgment have been complied with. [Pre-1998 Recodification Citation: 34-4-1-21.] As added by P.L.1-1998, SEC.53.
Sec. 23. If the subject matter of any suit pending in any court, could originally have been submitted to arbitration, the parties to the suit, their agent, or attorney may consent, by rule of court, to refer the matter in controversy to certain persons mutually chosen by the parties in an open court. [Pre-1998 Recodification […]
Sec. 24. The referees, if required by the parties, shall: (1) be sworn in open court or before any officer authorized to administer oaths, faithfully and impartially to investigate, adjust, and report the matters submitted; (2) proceed to investigate matters according to the submission of the parties; and (3) report to the court at a […]
Sec. 25. When the report is returned under the signatures of a majority of the referees, the report shall be entered on the order book, and shall have the same effect as the verdict of a jury. [Pre-1998 Recodification Citation: 34-4-1-24.] As added by P.L.1-1998, SEC.53.
Sec. 26. Either party may move the court for judgment on the report. If no sufficient cause is shown to the contrary, judgment shall be rendered on the report in like manner and with like force and effect as if rendered upon the verdict of a jury. [Pre-1998 Recodification Citation: 34-4-1-25.] As added by P.L.1-1998, […]
Sec. 3. All persons, except minors and mentally incompetent persons, may, by an instrument in writing, submit a controversy for arbitration by one (1) or more persons. [Pre-1998 Recodification Citation: 34-4-1-1 part.] As added by P.L.1-1998, SEC.53.
