LD 1218
pg. 15
Page 14 of 94 An Act To Enact the Revised Uniform Arbitration Act Page 16 of 94
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LR 468
Item 1

 
will be no appeal from lower court rulings, they should be free
to do so.

 
5. Section 4(c) includes those provisions such as those that
involve the judicial process, the waivability of the RUAA, the
effective date of the RUAA, or the inherent rights of an
arbitrator. The provisions in Section 4(c) should not be
within the control of the parties either before or after the
arbitration dispute arises.

 
a. Section 7 concerns the court's authority either to compel
or stay arbitration proceedings. Parties should not be able to
interfere with this power of the court to initiate or deny the
right to arbitrate.

 
b. Section 14 provides arbitrators and arbitration
organizations with immunity for acting in their respective
capacities. Similarly, arbitrators and representatives of
arbitration organizations are protected from being required to
testify in certain instances and if arbitrators or arbitration
organizations are the subject of unwarranted litigation, they
can recover attorney fees. This section is intended to protect
the integrity of the arbitration process and is not waivable
by the parties.

 
c. Likewise, Section 18, dealing with judicial enforcement of
preaward rulings, is an inherent right; otherwise parties
would be unable to insure a fair hearing and there would be no
mechanism to carry out preaward orders.

 
d. Subsections (a), (b), and (c) of Section 20 give the
parties the right to apply to the arbitrators to correct or
clarify an award; this right is waivable. But the right of a
court in Section 20(d) to order an arbitrator to correct or
clarify an award and the applicability of Sections 22, 23, and
24 to Section 20 as provided in Section 20(e) are not
waivable.

 
e. The judicial confirmation, vacatur, and modification
provisions of Sections 22, 23, and 24 are not waivable.
Special note should be made in regard to Section 23 concerning
vacatur. Parties cannot waive or vary the statutory grounds
for vacatur such as that a court can vacate an arbitration
award procured by fraud or corruption. However, parties can
add appropriate grounds that are not in the statute. For
instance, as described in Comment C to Section 23, courts have
developed nonstatutory grounds of manifest disregard of the
law and violation of public policy that will void an
arbitration award. Parties could include such standards as
grounds for vacatur in their
arbitration agreement. Similarly, as discussed in Comment B to
Section 23, at this time there is a split of authority whether
courts will recognize the validity of arbitration agreements
by parties to


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