LD 1218
pg. 65
Page 64 of 94 An Act To Enact the Revised Uniform Arbitration Act Page 66 of 94
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LR 468
Item 1

 
363 F. Supp. 1351 (E.D. Mich. 1973) (holding that arbitrator
does not exceed powers in contract under FAA §10 by ordering
production of documents, with deletions, that party claims are
subject to attorney-client privilege). Because of the
involvement of important legal rights, a court should review
more carefully claims of confidentiality, trade secrets,
privilege, or other matters protected from disclosure than other
assertions that a preaward order of an arbitrator is invalid.

 
2. Section 18 states that a party may request an "expedited
order"under Section 22, "in which case the court shall
summarily decide the [motion]." That language is similar to
that found in Section 7 that a court in a proceeding to compel
or stay arbitration should act "summarily." The term
"expedited" has been used in other statutes and court rules. 8
U.S.C. § 1252(e)(4) (an immigration statute providing that
when a person is deported and files an appeal, "it shall be
the duty of the court to advance on the docket and to expedite
to the greatest possible extent the disposition of any case"
under the statute); Fed. R. Civ. P. 65 (providing that if an
adverse party contests a court's granting of a temporary
restraining order the court must proceed as expeditiously as
"the ends of justice require" and the hearing for a
preliminary injunction "shall be set down for hearing at the
earliest possible time and takes precedence of all matters
except older matters of the same character."); Cal. St. Bar P.
R. 203 (stating that in cases involving the state bar in
California, "a motion to set aside or vacate a default
judgment shall be decided on an expedited basis."). The intent
of the term "expedited" is that a court should, to the extent
possible, advance on the docket a matter involving the
enforcement of an arbitrator's preaward ruling in order to
preserve the integrity of the arbitration proceeding which is
underway.

 
The term "summarily" has the same meaning as in Section 7 that
a trial court should expeditiously and without a jury trial
determine whether an arbitrator's preaward ruling should be
enforced. Grad v. Wetherholt Galleries, 660 A.2d 903 (D.C.
1995); Wallace v. Wiedenbeck, 251 A.D.2d 1091, 674 N.Y.S.2d
230, 231 (N.Y. App. Div. 1998); Burke v. Wilkins, 131 N.C.App.
687, 507 S.E.2d 913 (1998); In re MHI P'ship, Ltd., 7 S.W.3d
918 (Tex. Ct. App. 1999).

 
3. There is no provision in RUAA Section 28 for an appeal
from a court decision on a preaward ruling by an arbitrator.
The intent of the statute is not to allow such orders from a
lower court to be appealed.

 
4. An arbitrator's order denying a request for a preaward
ruling is not subject to an action for review under Section 18
because (1) such a provision would lead to delay and more


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