1-567.50. Place of arbitration. (a) The parties may agree on the place of arbitration. If the parties do not agree, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties. (b) Notwithstanding the provisions of subsection (a) of this section, […]
1-567.50A. Consolidation. (a) Except as otherwise provided in subsection (c) of this section, upon motion of a party to an arbitration agreement or to an arbitral proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if all of the following are true: (1) There are separate […]
1-567.51. Commencement of arbitral proceedings. Unless otherwise agreed by the parties or otherwise provided in the rules and procedures upon which the parties have agreed, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request for that dispute to be referred to arbitration is received by a […]
1-567.52. Language. (a) The parties may agree on the language or languages to be used in the arbitral proceedings. If the parties do not agree, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by […]
1-567.53. Statements of claim and defense. (a) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting its claim, the points at issue and the relief or remedy sought, and the respondent shall state its defenses, counterclaims, or setoffs in respect of these […]
1-567.54. Hearings and written proceedings. (a) Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. Unless the parties have agreed that no hearings shall […]
1-567.55. Default of a party. Unless otherwise agreed by the parties, where, without showing sufficient cause: (1) The claimant fails to submit a statement of claim in accordance with G.S. 1-567.53(a), the arbitral tribunal shall terminate the proceedings; (2) The respondent fails to submit a statement of defense in accordance with G.S. 1-567.53(c), the arbitral […]
1-567.56. Expert appointed by arbitral tribunal. (a) Unless otherwise agreed by the parties, the arbitral tribunal: (1) May appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal; (2) May require a party to give the expert any relevant information or to produce, or to provide […]
1-567.57. Court assistance in obtaining discovery and taking evidence. (a) The arbitral tribunal or a party with the approval of the arbitral tribunal may request from the court assistance in obtaining discovery and taking evidence. The court may execute the request within its competence and according to its rules on discovery and taking evidence, and […]
1-567.58. Rules applicable to substance of dispute. (a) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given country or political subdivision thereof shall be construed, […]
1-567.59. Decision making by panel of arbitrators. Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all its members. However, questions of procedure may be decided by a presiding arbitrator, if authorized by the parties or all […]
1-567.60. Settlement. (a) An arbitral tribunal may encourage settlement of the dispute and, with the agreement of the parties, may use mediation, conciliation, or other procedures at any time during the arbitral proceedings to encourage settlement. (b) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if […]
1-567.61. Form and contents of award. (a) The award shall be made in writing in a record and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted […]
1-567.62. Termination of proceedings. (a) The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with subsection (b) of this section. (b) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings if: (1) The claimant withdraws the claim, unless the respondent […]
1-567.63. Correction and interpretation of awards; additional awards. (a) Within 30 days of receipt of the award, unless another period of time has been agreed upon by the parties: (1) A party may request the arbitral tribunal to correct in the award any computation, clerical or typographical errors or other errors of a similar nature; […]
1-567.64. Modifying or vacating of awards. Subject to the relevant provisions of federal law and any applicable international agreement in force between the United States of America and any other nation or nations, an arbitral award may be vacated by a court only upon a showing that the award is tainted by illegality, or substantial […]
1-567.65. Confirmation and enforcement of awards. (a) Subject to the relevant provisions of federal law and any applicable international agreement in force between the United States of America and any other nation or nations, upon application of a party, the court shall confirm an arbitral award, unless it finds grounds for modifying or vacating the […]
1-567.66. Applications to court. Except as otherwise provided, an application to the court under this Article 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 […]
1-567.67. Appeals. (a) An appeal may be taken from: (1) An order denying an application to compel arbitration made under G.S. 1-567.38; (2) An order granting an application to stay arbitration made under G.S. 1-567.38; (3) An order confirming or denying confirmation of an award; (4) An order modifying or correcting an award; (5) An […]
1-567.68: Recodified as 1-567.33A by Session Laws 1997-368, s. 3.
