§ 50-59 – Court; jurisdiction; other definitions.
50-59. Court; jurisdiction; other definitions. (a) The term "court" means a court of competent jurisdiction of this State. Making an agreement in this State described in G.S. 50-42 or any agreement providing for arbitration in this State or under its laws confers jurisdiction on the court to enforce the agreement under this Article and to […]
§ 50-60 – Appeals.
50-60. Appeals. (a) An appeal may be based on failure to comply with the procedural aspects of this Article. An appeal may be taken from any of the following: (1) An order denying an application to compel arbitration made under G.S. 50-43; (2) An order granting an application to stay arbitration made under G.S. 50-43(b); […]
§ 50-61 – Article not retroactive.
50-61. Article not retroactive. This Article applies to agreements made on or after October 1, 1999, unless parties by separate written agreement after that date state that this Article shall apply to agreements dated before October 1, 1999. (1999-185, s. 1; 2005-187, s. 18.)
§ 50-62 – Construction; uniformity of interpretation.
50-62. Construction; uniformity of interpretation. (a) Certain provisions of this Article have been adapted from the Uniform Arbitration Act formerly in force in this State, the Revised Uniform Arbitration Act in force in this State, the North Carolina International Commercial Arbitration and Conciliation Act, and Chapters 50, 50A, 50B, 51, 52, and 52C of the […]
§ 50-55 – Modification or correction of award.
50-55. Modification or correction of award. (a) Upon application made within 90 days after delivery of a copy of an award to an applicant, the court shall modify or correct the award where at least one of the following occurs: (1) There is an evident miscalculation of figures or an evident mistake in the description […]
§ 50-56 – Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances.
50-56. Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances. (a) A court or the arbitrators may modify an award for postseparation support, alimony, child support, or child custody under conditions stated in G.S. 50-13.7 and G.S. 50-16.9 as provided in subsections (b) through (f) of […]
§ 50-57 – Orders or judgments on award.
50-57. Orders or judgments on award. (a) Upon granting an order confirming, modifying, or correcting an award, an order or judgment shall be entered in conformity with the order and docketed and enforced as any other order or judgment. The court may award costs, as provided in G.S. 50-51(f), of the application and of proceedings […]
§ 50-58 – Applications to the court.
50-58. Applications to the court. Except as otherwise provided, an application to a court under this Article shall be by motion and shall be heard in the manner and upon notice provided by law or rule of court for making and hearing motions in civil actions. Unless the parties otherwise agree in writing, notice of […]
§ 50-49 – Witnesses; subpoenas; depositions; court assistance.
50-49. Witnesses; subpoenas; depositions; court assistance. (a) The arbitrators have the power to administer oaths and may issue subpoenas for attendance of witnesses and for production of books, records, documents, and other evidence. Subpoenas issued by the arbitrators shall be served and, upon application to the court by a party or the arbitrators, enforced in […]
§ 50-50.1 – Consolidation.
50-50.1. Consolidation. (a) Except as otherwise provided in subsection (c) of this section, upon motion of a party to an agreement or arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if all of the following apply: (1) There are separate agreements to arbitrate or […]