US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 29-5-302. Agreements to Submit to Arbitration — Jurisdiction

A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable save upon such grounds as exist at law or in equity for the revocation of any contract; provided, that for contracts relating […]

§ 29-5-304. Appointment of Arbitrators

If the arbitration agreement provided a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and a successor has not been duly appointed, the court on […]

§ 29-5-306. Conduct of Hearings

Unless otherwise provided by the agreement: The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five (5) days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time […]

§ 29-5-308. Subpoenas — Depositions — Fees

The arbitrators may cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and the arbitrators have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced in the manner […]

§ 29-5-309. Award

The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement. An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such […]

§ 29-5-310. Modification of Award

On application of a party or, if an application to the court is pending under § 29-5-312, § 29-5-313, or § 29-5-314, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in § 29-5-314(a)(1) and (3), […]

§ 29-5-311. Expenses and Fees

Unless otherwise provided in the agreement to arbitrate, the arbitrators’ expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.

§ 29-5-312. Confirmation of Award

Upon application of a party, the court shall confirm an award, unless, within the time limits hereinafter imposed, grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in §§ 29-5-313 and 29-5-314.

§ 29-5-313. Vacation of Award

Upon application of a party, the court shall vacate an award where: The award was procured by corruption, fraud or other undue means; There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party; The arbitrators exceeded their powers; The […]

§ 29-5-314. Grounds and Procedure for Modification of Award

Upon application made within ninety (90) days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where: There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award; The arbitrators have […]

§ 29-5-315. Entry and Enforcement of Judgment — Costs

Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application, and of the proceedings subsequent thereto, and disbursements may be awarded by the court.

§ 29-5-316. Contents of Judgment Roll

On entry of judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following: The agreement and each written extension of the time within which to make the award; The award; A copy of the order confirming, modifying, or correcting the award; and A copy of the judgment […]

§ 29-5-317. Application to Be by Motion — Notice — Service

Except as otherwise provided, an application to the court under this part shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order […]

§ 29-5-318. Venue of Initial Application

An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a […]

§ 29-5-319. Appeal

An appeal may be taken from: An order denying an application to compel arbitration made under § 29-5-303; An order granting an application to stay arbitration made under § 29-5-303(b); An order confirming or denying confirmation of an award; An order modifying or correcting an award; An order vacating an award without directing a re-hearing; […]