1-567.30. Preamble and short title. It is the policy of the State of North Carolina to promote and facilitate international trade and commerce, and to provide a forum for the resolution of disputes that may arise from participation therein. Pursuant to this policy, the purpose of this Article is to encourage the use of arbitration […]
1-567.31. Scope of application. (a) This Article applies to international commercial arbitration and conciliation, subject to any applicable international agreement in force between the United States of America and any other nation or nations, and any federal law. (b) The provisions of this Article, except G.S. 1-567.38, 1-567.39, and 1-567.65, apply only if the place […]
1-567.32. Definitions and rules of interpretation. (a) The following definitions apply in this Article: (1) Arbitral award. – Any decision of an arbitral tribunal on the substance of a dispute submitted to it, and includes an interlocutory or partial award. (2) Arbitral tribunal. – A sole arbitrator or a panel of arbitrators. (3) Arbitration. – […]
1-567.33. Receipt of written communications or submissions. (a) Unless otherwise agreed in a record by the parties, any written communication or submission is deemed to have been received if it is delivered to the addressee personally or if it is delivered at the addressee’s place of business, domicile, or mailing address, and the communication or […]
1-567.33A. Severability. In the event any provision of this act is held to be invalid, the court’s holding as to that provision shall not affect the validity or operation of other provisions of the act; and to that end the provisions of the act are severable. (1991, c. 292, s. 1; 1997-368, s. 3.)
1-567.34. Waiver of right to object. A party who knows that any provision of this Article or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating an objection to such noncompliance without undue delay or, if a time limit is provided therefor, within that period […]
1-567.35. Extent of court intervention. In matters governed by this Article, no court shall intervene except where so provided in this Article or applicable federal law or any applicable international agreement in force between the United States of America and any other nation or nations. (1991, c. 292.)
1-567.36. Venue and jurisdiction of courts. (a) The functions referred to in G.S. 1-567.41(c) and (d), 1-567.43(a), 1-567.44(b), 1-567.46(c), and 1-567.57 shall be performed by the court in the following county: (1) The county where the arbitration agreement is to be performed or was made. (2) If the arbitration agreement does not specify a county […]
1-567.37. Definition and form of arbitration agreement. (a) An "arbitration agreement" is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether or not contractual. An arbitration agreement may be in the form of an […]
1-567.38. Arbitration agreement and substantive claim before court. (a) When a party to an international commercial arbitration agreement commences judicial proceedings seeking relief with respect to a matter covered by the agreement to arbitrate, any other party to the agreement may apply to the court for an order to stay the proceedings and compel arbitration. […]
1-567.39. Interim relief and the enforcement of interim measures. (a) In the case of an arbitration where the arbitrator or arbitrators have not been appointed, or where the arbitrator or arbitrators are unavailable, a party may seek interim relief directly from the court as provided in subsection (c). Enforcement shall be granted as provided by […]
1-567.40. Number of arbitrators. There shall be one arbitrator unless the parties agree on a greater number of arbitrators. (1991, c. 292.)
1-567.41. Appointment of arbitrators. (a) A person of any nationality may be an arbitrator. (b) The parties may agree on a procedure of appointing the arbitral tribunal subject to the provisions of subsections (d) and (e) of this section. (c) (1) If an agreement is not made under subsection (b) of this section, in an […]
1-567.43A. 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 to the arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect […]
1-567.44. Failure or impossibility to act. (a) The mandate of an arbitrator terminates if the arbitrator becomes unable to perform the arbitrator’s functions or for other reasons fails to act without undue delay or the arbitrator withdraws or the parties agree to the termination. (b) If a controversy remains concerning any of the grounds referred […]
1-567.45. Appointment of substitute arbitrator. (a) Where the mandate of an arbitrator terminates for any reason, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. (b) Unless otherwise agreed by the parties: (1) Where the number of arbitrators is less than three and […]
1-567.46. Competence of arbitral tribunal to rule on its jurisdiction. (a) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms a part of a contract shall be treated as an agreement independent of […]
1-567.47. Power of arbitral tribunal to order interim measures. (a) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute, including an interim […]
1-567.48. Equal treatment of parties; representation by attorney. (a) The parties shall be treated with equality and each party shall be given a full opportunity to present its case. (b) A party has the right to be represented by an attorney at any proceeding or hearing under this Article. A waiver of this right prior […]
1-567.49. Determination of rules of procedure. (a) Subject to the provisions of this Article, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. (b) If there is no agreement under subsection (a) of this section, subject to the provisions of this Article, the tribunal shall select […]
