5-423. Definitions. As used in K.S.A. 2021 Supp. 5-423 through 5-453, and amendments thereto: (a) “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; (b) “arbitrator” means an individual appointed to render an […]
5-424. Notice. (a) Except as otherwise provided in K.S.A. 2021 Supp. 5-423 through 5-453, and amendments thereto, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. (b) A person has notice […]
5-425. When act applies. (a) K.S.A. 2021 Supp. 5-423 through 5-453, and amendments thereto, govern an agreement to arbitrate made on or after July 1, 2018. (b) K.S.A. 2021 Supp. 5-423 through 5-453, and amendments thereto, govern an agreement to arbitrate made before July 1, 2018, if all parties to the agreement or to the […]
5-426. Effect of agreement to arbitrate; nonwaivable provisions. (a) Except as otherwise provided in subsections (b) and (c), 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 K.S.A. 2021 Supp. 5-423 through 5-453, and amendments thereto, to the extent […]
5-427. Application for judicial relief. (a) Except as otherwise provided in K.S.A. 2021 Supp. 5-450, and amendments thereto, an application for judicial relief under K.S.A. 2021 Supp. 5-423 through 5-453, and amendments thereto, must be made by motion to the court and heard in the manner provided by law or rule of court for making […]
5-428. 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 the revocation of a contract. (b) The court shall […]
5-429. 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 appear or does not oppose the motion, the court shall order the parties to arbitrate; and (2) if the […]
5-430. 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 […]
5-431. 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 […]
5-432. Consolidation of separate arbitration proceedings. (a) Except as otherwise provided in subsection (c), 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 to arbitrate or […]
5-433. Appointment of arbitrator; service as a neutral arbitrator. (a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must 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 […]
5-434. Disclosure by arbitrator. (a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality […]
5-435. Action by majority. If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under K.S.A. 2021 Supp. 5-437(c), and amendments thereto. History: L. 2018, ch. 90, § 13; July 1.
5-436. Arbitrator immunity; competency to testify; attorney fees and costs. (a) An arbitration organization acting in that capacity is 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) […]
5-437. Arbitration process. (a) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the […]
5-438. Representation by lawyer. A party to an arbitration proceeding may be represented by a lawyer. History: L. 2018, ch. 90, § 16; July 1.
5-439. Witnesses; subpoenas; depositions; discovery. (a) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the […]
5-440. Judicial enforcement of pre-award ruling by arbitrator. If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under K.S.A. 2021 Supp. 5-441, and amendments thereto. A prevailing party may make a motion to the court […]
5-441. Award. (a) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding. (b) An […]
5-442. Change of award by arbitrator. (a) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: (1) Upon a ground stated in K.S.A. 2021 Supp. 5-446(a)(1) or (3), and amendments thereto; (2) because the arbitrator has not made a final and definite award upon […]
