LD 1218
pg. 33
Page 32 of 94 An Act To Enact the Revised Uniform Arbitration Act Page 34 of 94
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LR 468
Item 1

 
provisions regarding the commencement of an arbitration. Fla.
Stat. Ann. § 648.08 (1990); Ind. Code § 34-57-2-2 (1998).

 
2. Section 9(a) includes both the means of bringing the
notice to the attention of the other parties and the contents
of the notice of a claim. Both the means of giving the notice
and the content of the notice are subject to the parties'
agreement under Sections 4(b)(2) and 9(a) so long as any
restrictions on the means or content are reasonable. Not only
does this approach comport with the concept of party autonomy
in arbitration but it also recognizes that many parties
utilize arbitration organizations that require greater or
lesser specificity of notice and service.

 
3. The introductory language to Section 9(a) concerns the
means of informing other parties of the arbitration
proceeding. Many arbitration organizations allow parties to
initiate arbitration through the use of regular mail and do
not require registered mail or service as in a civil action.
See, e.g., American Arb. Ass'n, National Rules for the
Resolution of Employment Disputes, R. 4(b)(i)(2); Center for
Public Resources, Rules for Non-Administered Arbitration of
Business Disputes, R. 2.1; National Arb. Forum Code of Pro. R.
6(B); National Ass'n of Securities Dealers Code of Arb.
Procedure, Part I, sec. 25(a); New York Stock Exchange Arb.
Rules, R. 612(b). This more informal means of giving notice
without evidence of receipt would be allowed under Section 9
because Section 4(b)(2) allows the parties to agree to the
means of giving notice so long as there are no unreasonable
restrictions.

 
Likewise, parties, particularly in light of the increase in
electronic commerce, may decide to arbitrate disputes arising
between them and to provide notice of the initiation or other
proceedings of the arbitration process through electronic
means. See, e.g., National Arb. Forum Code of Pro. R. 6(B).

 
However, if the parties do not provide for a reasonable means
of notice, then Section 9(a) requires that they utilize either
certified or registered mail, with a return-receipt request
and that such receipt is obtained, or the same type of service
as authorized as in a civil action. The term "obtained" is
intended to mean that the receipt was returned regardless of
whether the recipient signed it.

 
4. Section 9(a) explicitly requires that notice of
initiation of an arbitration proceeding be given to all
parties to the arbitration agreement and not just to the party
against whom a person files an arbitration claim. For
instance, in a
construction contract with a single arbitration agreement
between multiple contractors and subcontractors, if one
contractor


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