§ 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 […]
§ 50-42 – Arbitration agreements made valid, irrevocable, and enforceable.
50-42. Arbitration agreements made valid, irrevocable, and enforceable. (a) During, or after marriage, parties may agree in writing to submit to arbitration any controversy, except for the divorce itself, arising out of the marital relationship. Before marriage, parties may agree in writing to submit to arbitration any controversy, except for child support, child custody, or […]
§ 50-42.1 – Nonwaivable provisions.
50-42.1. Nonwaivable provisions. (a) Except as otherwise provided in subsections (b) and (c) of this section or in this Article, a party to an agreement to arbitrate or an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this Article to the extent provided by law. Any waiver or […]
§ 50-42.2 – Notice.
50-42.2. Notice. (a) A person initiates an arbitration proceeding by giving written notice to the other parties to the agreement to arbitrate in the manner in which the parties have agreed or, in the absence of agreement, by certified or registered mail, return receipt requested, or by service as authorized for the commencement of a […]
§ 50-43 – Proceedings to compel or stay arbitration.
50-43. Proceedings to compel or stay arbitration. (a) On a party’s application showing an agreement under G.S. 50-42 and an opposing party’s refusal to arbitrate, the court shall order the parties to proceed with the arbitration. If an opposing party denies existence of an agreement to arbitrate, the court shall proceed summarily to determine whether […]
§ 50-44 – Interim relief and interim measures.
50-44. Interim relief and interim measures. (a) In the case of an arbitration where arbitrators have not yet been appointed, or where the arbitrators are unavailable, a party may seek interim relief directly from a court as provided in subsection (c) of this section. Enforcement shall be granted as provided by the law applicable to […]
§ 50-45 – Appointment of arbitrators; rules for conducting the arbitration.
50-45. Appointment of arbitrators; rules for conducting the arbitration. (a) Unless the parties otherwise agree in writing, a single arbitrator shall be chosen by the parties to arbitrate all matters in dispute. (b) If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. The agreement may provide for appointing […]