Section 435.435 – Venue.
Effective – 28 Aug 1980 435.435. Venue. — An initial application shall be made to the circuit 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 […]
Section 435.370 – Hearing.
Effective – 28 Aug 1980 435.370. Hearing. — Unless otherwise provided by the agreement: (1) 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 five days before the hearing. Appearance at the hearing waives such notice. […]
Section 435.375 – Representation by attorney.
Effective – 28 Aug 1980 435.375. Representation by attorney. — A party has the right to be represented by an attorney at any proceeding or hearing under sections 435.350 to 435.470. A waiver thereof prior to the proceeding or hearing is ineffective. ——– (L. 1980 H.B. 1203 § 6)
Section 435.380 – Witnesses, subpoenas, depositions.
Effective – 28 Aug 1980 435.380. Witnesses, subpoenas, depositions. — 1. The arbitrators may issue or 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 […]
Section 435.385 – Award.
Effective – 28 Aug 1980 435.385. Award. — 1. 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. 2. An award shall be made within the time fixed therefor […]
Section 435.390 – Change of award by arbitrators.
Effective – 28 Aug 1980 435.390. Change of award by arbitrators. — On application of a party or, if an application to the court is pending under section 435.400, 435.405 or 435.410, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the […]
Section 435.395 – Fees and expenses of arbitration.
Effective – 28 Aug 1980 435.395. 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. ——– (L. 1980 H.B. 1203 § 10)
Section 435.400 – Confirmation of an award.
Effective – 28 Aug 1980 435.400. 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 435.405 and 435.410. ——– […]
Section 435.405 – Vacating an award — de novo judicial review, when.
Effective – 28 Aug 1998 435.405. Vacating an award — de novo judicial review, when. — 1. Upon application of a party, the court shall vacate an award where: (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 […]
Section 435.410 – Modification or correction of award.
Effective – 28 Aug 1980 435.410. Modification or correction of award. — 1. 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 where: (1) There was an evident miscalculation of figures or an evident mistake in the description of […]