Chapter 36 - Arbitration
CHAPTER 36 - ARBITRATION
1-36-101. Short title.
W.S.1-36-101 through 1-36-119 may be cited as the Uniform Arbitration Act.
1-36-102. "Court" defined; jurisdiction.
"Court"means the district court having jurisdiction of the parties. An agreement providingfor arbitration in this state may be enforced by the court in the county wherethe parties to the controversy reside or may be personally served.
1-36-103. Written agreement to submit controversy to arbitrationvalid.
Awritten agreement to submit any existing or future controversy to arbitrationis valid, enforceable and irrevocable, save upon such grounds as exist at lawor in equity for the revocation of the contract. This includes arbitrationagreements between employers and employees or between their respectiverepresentatives unless otherwise provided in the agreement.
1-36-104. Duty of court on application of party to arbitrate.
(a) On application of a party showing an arbitration agreementand the opposing party's refusal to arbitrate, the court shall order theparties to proceed with arbitration. If the opposing party denies the existenceof the agreement to arbitrate, the court shall proceed summarily to determinethe issue raised and shall order or deny arbitration accordingly.
(b) If an issue referable to arbitration under the allegedagreement is involved in an action or proceeding pending in a court havingjurisdiction to hear applications to compel arbitration, the application shallbe made therein. Otherwise the application shall be made in the court of propervenue.
(c) Any action or proceeding involving an issue subject toarbitration shall be stayed if an order for arbitration or an applicationtherefor has been made or, if the issue is severable, the stay may be with respectthereto only. When the application is made in such action or proceeding, theorder for arbitration shall include such stay.
(d) An order for arbitration shall not be refused on the groundthat the claim in issue lacks merit or because any fault or grounds for theclaim sought to be arbitrated have not been shown.
1-36-105. When court to appoint arbitrators.
Ifthe arbitration agreement provides a method of appointment of arbitrators thismethod shall be followed. In the absence thereof, or if the agreed method failsor for any reason cannot be followed, or when an arbitrator fails or is unableto act and his successor has not been appointed, the court on application of aparty shall appoint one (1) or more arbitrators. An arbitrator so appointed hasall the powers of one specifically named in the agreement.
1-36-106. Powers of arbitrators.
Thepowers of the arbitrators may be exercised by a majority unless otherwiseprovided by the agreement or by law.
1-36-107. Notice and hearing.
(a) The arbitrators shall appoint a time and place for thehearing and serve the parties with notice either personally or by registeredmail not less than five (5) days before the hearing. Appearance at the hearingwaives the notice. The arbitrators may adjourn the hearing from time to time asnecessary, and on request of a party or upon their own motion may postpone thehearing to a time not later than the date fixed by the agreement for making theaward, unless the parties consent to a later date. The arbitrators may hear anddetermine the controversy upon the evidence produced notwithstanding thefailure of a party duly notified to appear. The court on application may directthe arbitrators to proceed promptly with the hearing and determination of thecontroversy.
(b) The parties are entitled to be heard, to present evidencematerial to the controversy and to cross-examine witnesses appearing at thehearing.
(c) The hearing shall be conducted by all the arbitrators but amajority may determine any question and render a final award. If during thecourse of the hearing an arbitrator for any reason ceases to act, the remainingarbitrator or arbitrators may continue with the hearing and determination ofthe controversy.
1-36-108. Right to be represented by attorney; effect of waiver.
Aparty may be represented by an attorney at any arbitration proceeding orhearing. A waiver of representation prior to the proceeding is ineffective.
1-36-109. Authority of arbitrators to issue subpoenas and administeroaths; service of subpoenas; depositions; compelling person to testify; witnessfees.
(a) The arbitrators may issue subpoenas for the attendance ofwitnesses, for the production of books, records, documents and other evidenceand may administer oaths. Subpoenas issued shall be served, and uponapplication to the court by a party or the arbitrators, enforced in the mannerprovided by law for the service and enforcement of subpoenas in a civil action.
(b) On application of a party and for use as evidence, the arbitratorsmay permit a deposition to be taken of a witness who cannot be subpoenaed or isunable to attend the hearing, in the manner designated by the arbitrators.
(c) All provisions of law compelling a person under subpoena totestify are applicable.
(d) The same fees for attendance as a witness shall be paid asfor a witness in the district court.
1-36-110. Award of arbitrators.
(a) The award shall be in writing and signed by the arbitratorsjoining in the decision. A copy shall be delivered to each party personally, orby registered mail or as provided in the agreement.
(b) An award shall be made within the time fixed by theagreement, or if not so fixed, within such time as the court orders onapplication of a party. The parties may extend the time in writing eitherbefore or after the expiration thereof. A party waives the objection that anaward was not made within the time required unless he notifies the arbitratorsof his objection prior to the delivery of the award to him.
1-36-111. Modification of award.
(a) On application of a party or an order of the court, thearbitrators may modify the award:
(i) When there was an evident miscalculation of figures ordescription of a person or property referred to in the award;
(ii) When the award is imperfect as to form not affecting themerits of the controversy; or
(iii) For the purpose of clarifying the award.
(b) The application shall be made within twenty (20) days afterdelivery of the award to the applicant. Written notice shall be given promptlyto the opposing party, stating he must serve his objections within ten (10)days from receipt of the notice. The award as modified is subject to theprovisions of W.S. 1-36-113, 1-36-114 and 1-36-115.
1-36-112. Expenses and fees for arbitrators.
Thearbitrators' expenses, fees and other costs, not including counsel fees,incurred in the arbitration shall be paid as provided in the award, unlessotherwise provided in the arbitration agreement.
1-36-113. Confirmation of award by court.
Uponapplication of a party the court shall confirm the award unless within the timelimits allowed grounds are urged for vacating or modifying the award.
1-36-114. When court to vacate award.
(a) Upon application of a party the court shall vacate an awardwhere:
(i) The award was procured by corruption, fraud or other unduemeans;
(ii) There was evident partiality by an arbitrator appointed asa neutral, corruption of any of the arbitrators or misconduct prejudicing therights of any party;
(iii) The arbitrators exceeded their powers;
(iv) The arbitrators refused to postpone the hearing uponsufficient cause being shown, refused to hear evidence material to thecontroversy or otherwise conducted the hearing as to prejudice substantiallythe rights of a party; or
(v) There was no arbitration agreement, the issue was notadversely determined by a court as provided by law and the applicant did notparticipate in the arbitration hearing without raising the objection. The factthat the relief was such that it could not or would not be granted by a courtof law or equity is not a ground for vacating or refusing to confirm the award.
(b) An application for vacating an award shall be made withinninety (90) days after delivery of a copy of the award to the applicant, or ifpredicated upon corruption, fraud or other undue means it shall be made withinninety (90) days after the grounds are known or should have been known.
(c) In vacating the award on grounds other than stated inparagraph (a)(v) of this section the court may order a rehearing before newarbitrators chosen as provided in the agreement or by the court in accordancewith W.S. 1-36-105. If the award is vacated on grounds set forth in paragraph(a)(iii) or (iv) of this section the court may order a rehearing before thearbitrators who made the award or their successors appointed in accordance withW.S. 1-36-105. The time within which the agreement requires the award to bemade is applicable to the rehearing and commences from the date of the order.
(d) If the application to vacate is denied and no motion tomodify or correct the award is pending, the court shall confirm the award.
1-36-115. When court to modify or correct award.
(a) Upon application made within ninety (90) days afterdelivery of a copy of the award to the applicant, the court shall modify orcorrect the award where:
(i) There was an evident miscalculation of figures or anevident mistake in the description of any person or property referred to in theaward;
(ii) The arbitrators awarded upon a matter not submitted to themand the award may be corrected without affecting the merits of the decisionupon the issues submitted; or
(iii) The award is imperfect in a matter of form, not affectingthe merits of the controversy.
(b) If the application is granted, the court shall modify andcorrect the award as to intent and shall confirm the award as so modified andcorrected. Otherwise the court shall confirm the award as made.
(c) An application to modify or correct an award may be joinedin the alternative with an application to vacate the award.
1-36-116. Judgment upon granting order confirming, modifying orcorrecting award; costs and disbursements.
Uponthe granting of an order confirming, modifying or correcting an award, thejudgment shall conform and be enforced as any other judgment. Costs of theapplication, proceedings and disbursements may be awarded by the court.
1-36-117. Application to court to be by motion; notice and hearing tobe in manner provided by law.
Anapplication to the court for relief shall be by motion and shall be heard inthe manner provided by law or rule of court. Notice of an initial applicationfor an order shall be served in the manner provided by law for the service of asummons in an action unless otherwise specified by the parties.
1-36-118. Venue upon initial and subsequent applications.
Aninitial application shall be made to the court of the county in which theagreement provides the arbitration hearing shall be held. Otherwise theapplication shall be made in the county where the adverse party resides or hasa place of business or, if he has no residence or place of business in thisstate, to the court of the county where the adverse party can be served. Allsubsequent applications shall be made to the court hearing the initialapplication unless the court otherwise directs.
1-36-119. Appeals.
(a) An appeal may be taken from:
(i) An order denying the application to compel arbitration;
(ii) An order granting an application to stay arbitration;
(iii) An order confirming or denying confirmation of an award;
(iv) An order modifying or correcting an award;
(v) An order vacating an award without directing a rehearing;or
(vi) A final judgment or decree entered by the court.
(b) The appeal shall be taken in the manner of a civil action.