LD 1218, Page 7 - 121th Legislature, FIRST REGULAR Session

state court to the federal court "at any time prior to trial." 9

U.S.C. งง 203, 205. The statute covers any commercial agreement

to arbitrate and the resultant arbitration award unless the

matter involves only American citizens and has no reasonable

relationship to any foreign country and the courts have broadly

applied the statute. Therefore, it is unlikely that state

arbitration law will have major application to an international

case. There are two instances where state arbitration law might

apply in the international context: (1) where the parties

designate a specific state arbitration law to govern the

international arbitration and (2) where all parties to an

arbitration proceeding involving an international transaction

decide to proceed on a matter in state court and do not exercise

their rights of removal under Chapter 2 of Title 9 and the

relevant provision of state arbitration law is not preempted by

federal arbitration law or the New York Convention. In these

relatively rare cases, the state courts will refer to the RUAA

unless the State has enacted a special international arbitration

law.

Because few international cases are likely to be dealt with
in state courts and because of the diversity of state law
already enacted for international cases, the Drafting
Committee decided not to address international arbitration as
a specific subject in the revision of the UAA; however, the
Committee utilized provisions of the UNCITRAL Model Law, the
New York Convention, and the 1996 English Arbitration Act as
sources of statutory language for the RUAA.

The members of the Drafting Committee to revise the Uniform
Arbitration Act wish to acknowledge our deep indebtedness and
appreciation to Professor Stephen Hayford and Professor Thomas
Stipanowich who devoted extensive amounts of time by providing
invaluable advice throughout the entire drafting process.

CHAPTER 755

REVISED UNIFORM ARBITRATION ACT

ง8701. Definitions

As used in this chapter, unless the context otherwise
indicates, the following terms have the following meanings.

1.__Arbitration organization. "Arbitration organization"
means an association, agency, board, commission or other
entity that is neutral and initiates, sponsors or administers
an arbitration proceeding or is involved in the appointment of
an arbitrator.

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