21-25A-1. Enforceability of arbitration clauses in written contracts–Labor contracts. 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 […]
21-25A-10. Arbitrators acting by majority. The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this chapter. Source: SL 1971, ch 157, §4.
21-25A-11. Time and place of hearing–Notice to parties–Waiver of notice. 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 or certified mail not less than five days before the hearing. Appearance at the hearing […]
21-25A-12. Subpoenas issued by arbitrators–Service and enforcement. The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and enforced in the manner provided by law for the service and enforcement […]
21-25A-13. Depositions permitted by arbitrators–Compelling testimony. On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing. All provisions of law compelling […]
21-25A-14. Hearing by all arbitrators–Continuation when arbitrator ceases to act. Unless otherwise provided by the agreement, the hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator […]
21-25A-15. Evidence presented by parties–Cross-examination. Unless otherwise provided by the agreement, the parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing. Source: SL 1971, ch 157, §5 (2).
21-25A-16. Right to representation by counsel–Waiver ineffective. A party has the right to be represented by an attorney at any proceeding or hearing under this chapter. A waiver thereof prior to the proceeding or hearing is ineffective. Source: SL 1971, ch 157, §6.
21-25A-17. Adjournment or postponement of hearing–Failure of party to appear–Court order to proceed promptly. Unless otherwise provided by the agreement, the arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not […]
21-25A-18. Witness fees. Fees for attendance as a witness shall be the same as for a witness in the circuit courts of this state. Source: SL 1971, ch 157, §7.
21-25A-19. Time for making award–Extension of time. An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives […]
21-25A-2. Chapter prospective only. This chapter applies only to agreements made subsequent to June 30, 1971. Source: SL 1971, ch 157, §21.
21-25A-20. Award in writing–Delivery to parties. 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 or certified mail, or as provided in the agreement. Source: SL 1971, ch 157, §8; SL 1987, ch 29, §27.
21-25A-21. Modification or correction of award–Application–Notice. On application of a party or, if an application to the court is pending under §§21-25A-23 to 21-25A-30, inclusive, 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 subdivisions […]
21-25A-22. Payment of expenses of proceedings. Except as provided in §§21-25B-22 and 21-25B-25, 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 arbitration, shall be paid as provided in the award. Source: SL 1971, ch 157, §10; SL […]
21-25A-23. Judicial 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 §§21-25A-24 to 21-25A-30, inclusive. Source: SL 1971, ch 157, §11.
21-25A-24. Grounds for vacation of award. Upon application of a party, the court shall vacate an award where: (1)The award was procured by corruption, fraud, or other undue means; (2)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; […]
21-25A-25. Time for application to vacate award. An application under §21-25A-24 shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud, or other undue means, it shall be made within ninety days after such grounds are known or should have been […]
21-25A-26. Confirmation of award on denial of application to vacate. If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award. Source: SL 1971, ch 157, §13.
21-25A-27. Rehearing ordered after vacation of award–Time allowed for award on rehearing. In vacating the award on grounds other than stated in subdivision 21-25A-24(5), the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with §21-25A-9, or, if the award […]
