SB 307 Arbitration Act, Uniform; created.
John S. Edwards | all patrons    ...    notes
| add to my profiles

Summary as introduced:
Uniform Arbitration Act. Revises the originial Act, which was promulgated by the National Conference of Commissioners on Uniform State Laws in 1955 and adopted in Virginia in 1986. The Act expressly provides that it is a default act. Most of its provisions may be varied or waived by contract. Provisions that may not be waived or varied include the basic rule that an agreement to submit a dispute to arbitration is valid; the rules that govern disclosure of facts by a neutral arbitrator; the rules guaranteeing enforcement or appeal of the Act, an arbitration agreement or an arbitration decision in a court; or the standards for vacating an award.

The Act specifically allows a court to order provisional remedies during the course of an arbitration before an arbitrator is selected. An arbitrator also has an express power to order provisional remedies. The Act allows consolidation of separate arbitration proceedings.

The Act specifically addresses disclosure of known facts that give rise to questions of neutrality. The Act provides arbitrators with immunity from civil liability.

An arbitrator has the express power to make summary dispositions of claims or issues under appropriate procedures, to hold pre-arbitration proceeding meetings or to use any other discovery process (any process that adduces relevant evidence for the proceeding) applicable to resolution of the dispute. These provisions put arbitrators on the same level as judges in a judicial proceeding with respect to discovery of evidence.

The Act expressly permits an arbitrator to give punitive damages or other exemplary relief, "if such an award is authorized by law in a civil action involving the same claim." Attorney's fees may be awarded under the same standard.

Full text:
01/09/02  Senate: Presented & ordered printed, prefiled 01/09/02 024454238  pdf

Status:
01/09/02  Senate: Presented & ordered printed, prefiled 01/09/02 024454238
01/09/02  Senate: Referred to Committee for Courts of Justice
01/23/02  Senate: Continued to 2003 in Courts of Justice (15-Y 0-N)
12/09/02  Senate: Left in Courts of Justice