§85A-322. Judgments confirming the award.
After a party to an arbitration proceeding receives notice of an award, the party may make an application and motion to the Workers’ Compensation Commission for a judgment confirming the award at which time the Commission shall issue a confirming judgment unless the award is modified or corrected under Section 320 or 324 of this […]
§85A-307. Refusal to arbitrate.
A. On application and motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate under the agreement: 1. If the refusing party does not appear or does not oppose the motion, the Workers’ Compensation Commission shall order the parties to arbitrate; and 2. If the refusing party opposes the […]
§85A-308. Judgement for provisional remedies.
A. Before an arbitrator is appointed and authorized to act, the Commission, on application and motion of a party to an arbitration proceeding and for good cause shown, may enter a judgment for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the […]
§85A-309. Initiation of arbitration.
A. A person shall initiate an arbitration proceeding by giving written notice to the Commission and the other parties to the arbitration agreement. Notice shall be served on the parties in the manner prescribed by the arbitration agreement, or, if the arbitration agreement does not address the method of notice, then by the service of […]
§85A-310. Consolidation of separate arbitration proceedings.
A. Except as otherwise provided in subsection C of this section, on application and motion of a party to an arbitration agreement or arbitration proceeding, the Commission may order consolidation of separate arbitration proceedings as to all or some of the claims if: 1. There are separate agreements to arbitrate or separate arbitration proceedings between […]
§85A-311. Method of appointing arbitrator.
A. If the parties to an arbitration agreement agree on a method for appointing an arbitrator, that method shall be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, […]
§85A-312. Disclosures.
A. Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to the parties to the arbitration agreement, the parties to the arbitration proceeding, and any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator […]
§85A-313. Multiple arbitrators.
If there is more than one arbitrator, the powers of an arbitrator shall be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under Section 315 of this title. Added by Laws 2013, c. 208, § 134, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 47, […]
§85A-314. Immunity from civil liability.
A. Arbitrators and arbitration organizations providing services under this act are immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. B. The immunity afforded by this section supplements any immunity under other law. C. The failure of an arbitrator to make a […]
§85A-315. Summary disposition – Notice of hearing – Right to be heard – Replacement arbitrator.
A. Arbitrations shall be conducted in a fair and expeditious manner. The authority conferred on arbitrators includes, without limitation, the power to hold conferences and hearings with the parties, determine the admissibility, relevance, materiality and weight of any evidence, as well as ask questions of any witnesses during the proceedings. B. An arbitrator may decide […]