Section 1-36-101 – Short Title.
1-36-101. Short title. W.S. 1-36-101 through 1-36-119 may be cited as the Uniform Arbitration Act.
Section 1-36-102 – “Court” Defined; Jurisdiction.
1-36-102. “Court” defined; jurisdiction. “Court” means the district court having jurisdiction of the parties. An agreement providing for arbitration in this state may be enforced by the court in the county where the parties to the controversy reside or may be personally served.
Section 1-36-103 – Written Agreement to Submit Controversy to Arbitration Valid.
1-36-103. Written agreement to submit controversy to arbitration valid. A written agreement to submit any existing or future controversy to arbitration is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of the contract. This includes arbitration agreements between employers and employees or between their respective […]
Section 1-36-104 – Duty of Court on Application of Party to Arbitrate.
1-36-104. Duty of court on application of party to arbitrate. (a) On application of a party showing an arbitration agreement and the opposing party’s refusal to arbitrate, the court shall order the parties to proceed with arbitration. If the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to […]
Section 1-36-105 – When Court to Appoint Arbitrators.
1-36-105. When court to appoint arbitrators. If the arbitration agreement provides 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 fails or is unable to act and his successor has not been […]
Section 1-36-106 – Powers of Arbitrators.
1-36-106. Powers of arbitrators. The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by law.
Section 1-36-107 – Notice and Hearing.
1-36-107. Notice and hearing. (a) The arbitrators shall appoint a time and place for the hearing and serve the parties with notice either personally or by registered mail not less than five (5) days before the hearing. Appearance at the hearing waives the notice. The arbitrators may adjourn the hearing from time to time as […]
Section 1-36-108 – Right to Be Represented by Attorney; Effect of Waiver.
1-36-108. Right to be represented by attorney; effect of waiver. A party may be represented by an attorney at any arbitration proceeding or hearing. A waiver of representation prior to the proceeding is ineffective.
Section 1-36-109 – Authority of Arbitrators to Issue Subpoenas and Administer Oaths; Service of Subpoenas; Depositions; Compelling Person to Testify; Witness Fees.
1-36-109. Authority of arbitrators to issue subpoenas and administer oaths; service of subpoenas; depositions; compelling person to testify; witness fees. (a) The arbitrators may issue subpoenas for the attendance of witnesses, for the production of books, records, documents and other evidence and may administer oaths. Subpoenas issued shall be served, and upon application to the […]
Section 1-36-110 – Award of Arbitrators.
1-36-110. Award of arbitrators. (a) The award shall be in writing and signed by the arbitrators joining in the decision. A copy shall be delivered to each party personally, or by registered mail or as provided in the agreement. (b) An award shall be made within the time fixed by the agreement, or if not […]
Section 1-36-111 – Modification of Award.
1-36-111. Modification of award. (a) On application of a party or an order of the court, the arbitrators may modify the award: (i) When there was an evident miscalculation of figures or description of a person or property referred to in the award; (ii) When the award is imperfect as to form not affecting the […]
Section 1-36-112 – Expenses and Fees for Arbitrators.
1-36-112. Expenses and fees for arbitrators. The arbitrators’ expenses, fees and other costs, not including counsel fees, incurred in the arbitration shall be paid as provided in the award, unless otherwise provided in the arbitration agreement.
Section 1-36-113 – Confirmation of Award by Court.
1-36-113. Confirmation of award by court. Upon application of a party the court shall confirm the award unless within the time limits allowed grounds are urged for vacating or modifying the award.
Section 1-36-114 – When Court to Vacate Award.
1-36-114. When court to vacate award. (a) Upon application of a party the court shall vacate an award where: (i) The award was procured by corruption, fraud or other undue means; (ii) There was evident partiality by an arbitrator appointed as a neutral, corruption of any of the arbitrators or misconduct prejudicing the rights of […]
Section 1-36-115 – When Court to Modify or Correct Award.
1-36-115. When court to modify or correct award. (a) 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: (i) There was an evident miscalculation of figures or an evident mistake in the description of any person or […]
Section 1-36-116 – Judgment Upon Granting Order Confirming, Modifying or Correcting Award; Costs and Disbursements.
1-36-116. Judgment upon granting order confirming, modifying or correcting award; costs and disbursements. Upon the granting of an order confirming, modifying or correcting an award, the judgment shall conform and be enforced as any other judgment. Costs of the application, proceedings and disbursements may be awarded by the court.
Section 1-36-117 – Application to Court to Be by Motion; Notice and Hearing to Be in Manner Provided by Law.
1-36-117. Application to court to be by motion; notice and hearing to be in manner provided by law. An application to the court for relief shall be by motion and shall be heard in the manner provided by law or rule of court. Notice of an initial application for an order shall be served in […]
Section 1-36-118 – Venue Upon Initial and Subsequent Applications.
1-36-118. Venue upon initial and subsequent applications. An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if he has no […]
Section 1-36-119 – Appeals.
1-36-119. Appeals. (a) An appeal may be taken from: (i) An order denying the application to compel arbitration; (ii) An order granting an application to stay arbitration; (iii) An order confirming or denying confirmation of an award; (iv) An order modifying or correcting an award; (v) An order vacating an award without directing a rehearing; […]