§5927. 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 and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. […]
§5928. Proceedings to compel or stay arbitration 1. Application. On application of a party showing an agreement described in section 5927 and 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 […]
§5929. 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 and his successor has not […]
§5930. Majority action by arbitrators The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this chapter. [PL 1967, c. 430 (NEW).] SECTION HISTORY PL 1967, c. 430 (NEW).
§5931. Hearing Unless otherwise provided by the agreement: [PL 1967, c. 430 (NEW).] 1. Notice of hearing. The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than 5 days before the hearing. Appearance at the hearing […]
§5932. Representation by attorney A party has the right to be represented by an attorney at any proceeding or hearing under this chapter. A waiver thereof prior to the proceeding or hearing is ineffective. [PL 1967, c. 430 (NEW).] SECTION HISTORY PL 1967, c. 430 (NEW).
§5933. Witnesses, subpoenas, depositions 1. Witnesses before arbitrators. The arbitrators may cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party […]
§5934. Award 1. Delivery. The award shall be in writing and 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. [PL 1967, c. 430 (NEW).] 2. Times for making. An award shall be made within […]
§5935. Change of award by arbitrators On application of a party or, if an application to the court is pending under sections 5937 to 5939, 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 section […]
§5936. Fees and expenses of arbitration Unless otherwise provided in the agreement to arbitrate, the arbitrators’ expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. [PL 1967, c. 430 (NEW).] SECTION HISTORY PL 1967, c. 430 (NEW).
§5937. 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 5938 and 5939. [PL 1967, c. 430 (NEW).] SECTION […]
§5938. Vacating an award 1. Vacating award. Upon application of a party, the court shall vacate an award where: A. The award was procured by corruption, fraud or other undue means; [PL 1967, c. 430 (NEW).] B. There was evident partiality by an arbitrator appointed as a neutral or corruption in any of […]
§5939. Modification or correction of award 1. Application. Upon application made within 90 days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where: A. There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or […]
§5940. 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 and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto and disbursements may be awarded by the court. […]
§5941. Judgment roll, docketing 1. Entry of judgment. On entry of judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following: A. The agreement and each written extension of the time within which to make the award; [PL 1967, c. 430 (NEW).] B. The award; […]
§5942. Applications to court Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial […]
§5943. Court, jurisdiction The term “court” means the Superior Court or the District Court of this State. The making of an agreement described in section 5927 providing for arbitration in this State confers jurisdiction on the court to enforce the agreement under this chapter and to enter judgment on an award under the agreement. […]
§5944. Venue If the action is to be heard in the Superior Court, an initial application must be made to the Superior Court of the county in which the agreement provides the arbitration hearing must be held or, if the hearing has been held, in the county in which it was held. Otherwise the application […]
§5945. Appeals 1. Grounds for appeal. An appeal may be taken from: A. An order denying an application to compel arbitration made under section 5928; [PL 1967, c. 430 (NEW).] B. An order granting an application to stay arbitration made under section 5928, subsection 2; [PL 1967, c. 430 (NEW).] C. An […]
§5946. Act not retroactive This chapter applies only to agreements made subsequent to October 7, 1967. [PL 1973, c. 625, §83 (AMD).] SECTION HISTORY PL 1967, c. 430 (NEW). PL 1973, c. 625, §83 (AMD).
