§ 1-569.1 – Definitions.
1-569.1. Definitions. The following definitions apply 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, […]
§ 1-569.2 – Notice.
1-569.2. 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 the ordinary course, whether or not the other person acquires knowledge of the notice. (b) A person has notice if the person has knowledge of […]
§ 1-569.3 – When Article applies.
1-569.3. When Article applies. (a) This Article governs an agreement to arbitrate made on or after January 1, 2004. (b) This Article governs an agreement to arbitrate made before January 1, 2004, if all parties to the agreement or to the arbitration proceeding agree in a record that this Article applies. (c) This Article does […]
§ 1-569.4 – Effect of agreement to arbitrate; nonwaivable provisions.
1-569.4. Effect of agreement to arbitrate; nonwaivable provisions. (a) Except as otherwise provided in subsections (b) and (c) of this section, 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 provided by law. (b) […]
§ 1-569.5 – Application for judicial relief.
1-569.5. Application for judicial relief. (a) Except as otherwise provided in G.S. 1-569.28, an application for judicial relief under this Article shall be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions. (b) Unless a civil action involving the agreement to […]
§ 1-569.6 – Validity of agreement to arbitrate.
1-569.6. 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 revoking a contract. (b) The court shall decide whether […]
§ 1-569.7 – Motion to compel or stay arbitration.
1-569.7. 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 appeal or does not oppose the motion, the court shall order the parties to arbitrate; and (2) If the […]
§ 1-569.8 – Provisional remedies.
1-569.8. 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 […]
§ 1-569.9 – Initiation of arbitration.
1-569.9. 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 […]
§ 1-569.10 – Consolidation of separate arbitration proceedings.
1-569.10. 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 […]